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The 



NORTH CAROLINA 

REGISTER 



IN THIS ISSUE 



PROPOSED RULES 

Administrative Hearings, Office of 

Community Colleges 

Environment, Health, and Natural Resources 

General Contractors 

Human Resources 

Insurance 

Optometry Examiners 

Transportation 



LIST OF RULES CODIFIED 



RRC OBJECTIONS 



CONTESTED CASE DECISIONS 



ISSUE DATE: January 17, 15 95 






JAM 10 W»5 



KATHPINE R EVERETT 
LAW LIBRARY 



Volume 9 • Issue 20 • Pages 1603 - 1696 



INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODF. 



NORTH CAROLINA REGISTER 

The North Carolina Register is published twice a month and 
contains information relating to agency, executive, legislative and 
judicial actions required by or affecting Chapter 150B of the General 
Statutes. All proposed administrative rules and notices of public 
hearings filed under G.S. 1 50B-2 1 .2 must be published in the Register. 
The Register will typically comprise approximately fifty pages per 
issue of legal text. 

State law requires that a copy of each issue be provided free of 
charge to each county in the state and to various state officials and 
institutions. 

The North Carolina Register is available by yearly subscription at 
a cost of one hundred and five dollars ($105.00) for 24 issues. 
Individual issues may be purchased for eight dollars ($8.00). 

Requests for subscription to the North Carolina Register should be 
directed to the Office of Administrative Hearings, P. O. Drawer 27447, 
Raleigh, N.C. 2761 1-7447. 

ADOPTION, AMENDMENT, AND REPEAL OF 
RULES 

The following is a generalized statement of the procedures to be 
followed for an agency to adopt, amend, or repeal a rule. For the 
specific statutory authority, please consult Article 2A of Chapter 1 50B 
of the General Statutes. 

Any agency intending to adopt, amend, or repeal a rule must first 
publish notice of the proposed action in the North Carolina Register. 
The notice must include the time and place of the public hearing (or 
instructions on how a member of the public may request a hearing); a 
statement of procedure for public comments; the text of the proposed 
rule or the statement of subject matter; the reason for the proposed 
action; a reference to the statutory authority for the action and the 
proposed effective date. 

Unless a specific statute provides otherwise, at least 15 days must 
elapse following publication of the notice in the North Carolina 
Registerbefore the agency may conduct the public hearing and at least 
30 days must elapse before the agency can take action on the proposed 
rule. An agency may not adopt a rule that differs substantially from the 
proposed form published as part of the public notice, until the adopted 
version has been published in the North Carolina Register for an 
additional 30 day comment period. 

When final action is taken, the promulgating agency must file the 
rule with the Rules Review Commission (RRC). After approval by 
RRC, the adopted rule is filed with the Office of Administrative 
Hearings (OAH). 

A rule or amended rule generally becomes effective 5 business 
days after the rule is filed with the Office of Administrative Hearings 
for publication in the North Carolina Administrative Code (NCAC). 

Proposed action on rules may be withdrawn by the promulgating 
agency at any time before final action is taken by the agency or before 
filing with OAH for publication in the NCAC. 



TEMPORARY RULES 

Under certain emergency conditions, agencies may issue ten 
rary rules. Within 24 hours of submission to OAH, the Codifie 
Rules must review the agency's written statement of findings of r 
for the temporary rule pursuant to the provisions in G.S. 150B-21 . 
the Codifier determines that the findings meet the criteria in ( 
150B-21.1, the rule is entered into the NCAC. If the Cod 
determines that the findings do not meet the criteria, the rule is retui 
to the agency. The agency may supplement its findings and resut 
the temporary rule for an additional review or the agency may resp 
that it will remain with its initial position. The Codifier, thereafter, 
enter the rule into the NCAC. A temporary rule becomes effec 
either when the Codifier of Rules enters the rule in the Code or on 
sixth business day after the agency resubmits the rule without chai 
The temporary rule is in effect for the period specified in the rule or 
days, whichever is less. An agency adopting a temporary rule n 
begin rule-making procedures on the permanent rule at the same t 
the temporary rule is filed with the Codifier. 

NORTH CAROLINA ADMINISTRATIVE CODE 

The North Carolina Administrative Code (NCAC) is a compilai 
and index of the administrative rules of 25 state agencies and 
occupational licensing boards. The NCAC comprises approxima 
15,000 letter size, single spaced pages of material of which appri 
mately 35% is changed annually. Compilation and publication of 
NCAC is mandated by G.S. 150B-21.18. 

The Code is divided into Titles and Chapters. Each state agenc 
assigned a separate title which is further broken down by chapt 
Title 21 is designated for occupational licensing boards. 

The NCAC is available in two formats. 

(1) Single pages may be obtained at a minimum cost of t 
dollars and 50 cents ($2.50) for 10 pages or less, plus fift 
cents ($0. 15) per each additional page. 

(2) The full publication consists of 53 volumes, totaling 
excess of 15,000 pages. It is supplemented monthly \ 
replacement pages. A one year subscription to the 
publication including supplements can be purchased 
seven hundred and fifty dollars ($750.00). Individual 
umes may also be purchased with supplement service, 
newal subscriptions for supplements to the initial publicati 
are available. 

Requests for pages of rules or volumes of the NCAC should 
directed to the Office of Administrative Hearings. 

CITATION TO THE NORTH CAROLINA 
REGISTER 

The North Carolina Register is cited by volume, issue, p; 
number and date. 1:1 NCR 101-201, April 1, 1986 refers to Volu 
1, Issue 1, pages 101 through 201 ofthe North Carolina Registerissi 
on April 1, 1986. 






FOR INFORMATION CONTACT: Office of Administra- 
tive Hearings, ATTN: Rules Division, P.O. Drawer 27447, 
Raleigh, North Carolina 2761 1-7447, (919) 733-2678. 



NORTH 
CAROLINA 
REGISTER 




Office of Administrative Hearings 

P. O. Drawer 27447 

Raleigh, North Carolina 27611-7447 

(919) 733-2678 



Julian Mann III, 

Director 
James R. Scarcella Sr. , 

Deputy Director 
Molly Masich, 

Director ofAPA Services 



Staff: 

Ruby Creech, 

Publications Coordinator 
Teresa Kilpatrick, 

Editorial Assistant 
Jean Shirley, 

Editorial Assistant 

This publication is printed on permanent, 
acid-free paper in compliance with 
G.S. 125-11.13. 



ISSUE CONTENTS 



PROPOSED RULES 
Administrative Hearings, 
Office of 

Rules Division 1663 

Community Colleges 
Community Colleges . 1661 

Environment, Health, and 
Natural Resources 
Environmental Management .... 1639 

Sedimentation Control 1648 

Wildlife Resources 1653 

Human Resources 

Facility Services 1603 

Medical Assistance ......... 1631 

Insurance 
Actuarial Services Division .... 1635 
Consumer Services Division .... 1633 

Departmental Rules 1632 

Life and Health Division 1634 

Property and Casualty 
Division 1634 

Licensing Boards 

General Contractors 1658 

Optometry, Examiners 1660 

Transportation 
Secretary of Transportation .... 1658 



II. LIST OF RULES CODIFIED 



1666 



III. RRC OBJECTIONS 1671 

IV. CONTESTED CASE DECISIONS 

Index to ALJ Decisions 1674 

Text of Selected Decisions 

93 EHR 1019 . 1688 

V. CUMULATIVE INDEX 1693 



NORTH CAROLINA REGISTER 

Publication Schedule 

(November 1994 - September 1995) 



Volume 
and 
Issue 

Number 


Issue 
Date 


Last Day 

for 

Filing 


Last Day 
for Elec- 
tronic 
Filing 


Earliest 

Date for 

Public 

Hearing 

15 days 

from 

notice 


* End of 

Required 

Comment 

Period 

30 days 

from 

notice 


Last Day 

to Submit 

to RRC 


** Earliest 

Effective 

Date 


9:15 


11/01/94 


10/11/94 


10/18/94 


11/16/94 


12/01/94 


12/20/94 


02/01/95 


9:16 


11/15/94 


10/24/94 


10/31/94 


11/30/94 


12/15/94 


12/20/94 


02/01/95 


9:17 


12/01/94 


11/07/94 


11/15/94 


12/16/94 


01/03/95 


01/20/95 


03/01/95 


9:18 


12/15/94 


11/22/94 


12/01/94 


12/30/94 


01/17/95 


01/20/95 


03/01/95 


9:19 


01/03/95 


12/08/94 


12/15/94 


01/18/95 


02/02/95 


02/20/95 


04/01/95 


9:20 


01/17/95 


12/21/94 


12/30/94 


02/01/95 


02/16/95 


02/20/95 


04/01/95 


9:21 


02/01/95 


01/10/95 


01/18/95 


02/16/95 


03/03/95 


03/20/95 


05/01/95 


9:22 


02/15/95 


01/25/95 


02/01/95 


03/02/95 


03/17/95 


03/20/95 


05/01/95 


9:23 


03/01/95 


02/08/95 


02/15/95 


03/16/95 


03/31/95 


04/20/95 


06/01/95 


9:24 


03/15/95 


02/22/95 


03/01/95 


03/30/95 


04/17/95 


04/20/95 


06/01/95 


10:1 


04/03/95 


03/13/95 


03/20/95 


04/18/95 


05/03/95 


05/22/95 


07/01/95 


10:2 


04/17/95 


03/24/95 


03/31/95 


05/02/95 


05/17/95 


05/22/95 


07/01/95 


10:3 


05/01/95 


04/07/95 


04/17/95 


05/16/95 


05/31/95 


06/20/95 


08/01/95 


10:4 


05/15/95 


04/24/95 


05/01/95 


05/30/95 


06/14/95 


06/20/95 


08/01/95 


10:5 


06/01/95 


05/10/95 


05/17/95 


06/16/95 


07/03/95 


07/20/95 


09/01/95 


10:6 


06/15/95 


05/24/95 


06/01/95 


06/30/95 


07/17/95 


07/20/95 


09/01/95 


10:7 


07/03/95 


06/12/95 


06/19/95 


07/18/95 


08/02/95 


08/21/95 


10/01/95 


10:8 


07/14/95 


06/22/95 


06/29/95 


07/31/95 


08/14/95 


08/21/95 


10/01/95 


10:9 


08/01/95 


07/11/95 


07/18/95 


08/16/95 


08/31/95 


09/20/95 


11/01/95 


10:10 


08/15/95 


07/25/95 


08/01/95 


08/30/95 


09/14/95 


09/20/95 


11/01/95 


10:11 


09/01/95 


08/11/95 


08/18/95 


09/18/95 


10/02/95 


10/20/95 


12/01/95 


10:12 


09/15/95 


08/24/95 


08/31/95 


10/02/95 


10/16/95 


10/20/95 


12/01/95 



This table is published as a public service, and the computation of time periods are not to be deemed binding 
or controlling. Time is computed according to 26 NCAC 2B .0103 and the Rules of Civil Procedure, Rule 
6. 

* An agency must accept comments for at least 30 days after the proposed text is published or until the date 

of any public hearing, whichever is longer. See G.S. 150B-2 1.2(f) for adoption procedures. 

** The "Earliest Effective Date " is computed assuming that the agency follows the publication schedule above, 

that the Rules Review Commission approves the rule at the next calendar month meeting after submission, and 

that RRC delivers the rule to the Codifier of Rules five (5) business days before the 1st day of the next calendar 

month. 



Revised 10/94 



PROPOSED RULES 



TITLE 10 - DEPARTMENT OF HUMAN RESOURCES 

Notice is hereby given in accordance with G.S. 150B-21.2 that the Division of Facility Services intends to 
amend rules cited as 10 NCAC 3R .3001, .3020, .3030, .3032, .3040, .3050. 



1 he proposed effective date of this action is April 1 , 1995. 



The public hearing will be conducted at 1:00 p.m. on February 16, 1995 at the Council Building, Room 201 , 
701 Barbour Drive, Raleigh, NC. 

MXeason for Proposed Action: To adopt as permanent rules the temporary rules adopted effective January 
1, 1995 for the 1995 State Medical Facilities Plan. 

Ksomment Procedures: Written comments must be submitted no later than February 16, 1995 to Mr. Jackie 
R Sheppard, APA Coordinator, Division of Facility Services, PO Box 29530, Raleigh, NC 27626-0530, 
telephone (919) 733-2342. 

tLdtior's Note: These Rules were filed as temporary rules effective January 1, 1995 for a period of 180 
days or until the permanent rule becomes effective, whichever is sooner. 

CHAPTER 3 - FACILITY SERVICES 

SUBCHAPTER 3R - CERTIFICATE OF NEED REGULATIONS 

SECTION .3000 - STATE MEDICAL FACILITIES PLAN 

.3001 CERTIFICATE OF NEED REVIEW CATEGORIES 

The agency has established 43 9 categories of facilities and services for certificate of need review and will 
determine the appropriate review category or categories for all applications submitted pursuant to 10 NCAC 
3R .0304. For proposals which include more than one category, the agency may require the applicant to 
submit separate applications. If it is not practical to submit separate applications, the agency will determine 
in which category the application will be reviewed. The review of an application for a certificate of need will 
commence in the next review schedule after the application has been determined to be complete. The 43 9 
categories of facilities and services are: 

(1) Category A. Proposals , e xc e pt those propo s al s includ e d in Cat e gori es B through F and Cat e gori es 
H through L, for acute health service facilities, except those proposals included hi Categories B 
through H, including but not limited to the following types of projects: renovation, construction, 
equipment, and acute care services. 

(2) Category B. Proposals for long-term nursing facility beds which are revi e w e d again s t th e Stat e 
Medical Facilities Plan, and new continuing care facilities applying for exemption under 10 NCAC 
3R .3050 (b)(2). 

(3) Category C. Proposals for new psychiatric facilities; psychiatric beds in existing health care 
facilities; new intermediate care facilities for the mentally retarded (ICF/MR) and ICF/MR beds in 
existing health care facilities; new substance abuse and chemical dependency facilities; substance 
abuse and chemical dependency beds in existing health care facilities. 

(4) Category D. Proposals for new or expanded end-stage renal disease treatment facilities; and 
relocations of existing dialysis stations to another county. 

(5) Category E. Proposals for new or expanded inpatient rehabilitation facilities and inpatient 
rehabilitation beds in other health care facilities^ and new or expanded ambulatory surgical facilities 
except those proposals included in Category H. 

(6) Category F. Proposals for now or expand e d ambulatory surgioal facilities e xcept thos e proposals 



9:20 NORTH CAROLINA REGISTER January 17, 1995 1603 



PROPOSED RULES 



included in Categories J or K. Proposals for new home health agencies or offices, new hospice 

home care programs, new hospice inpatient beds, and new hospice residential beds. 

Category G. Proposals involving cost overruns; expansions of existing continuing care facilities 



(7) 



which arc licensed by the Department of Insurance at the date the application is filed and arc - 
applying under exemptions from need determinations in 10 NCAC 3R .3030; relocations within the 
same county of existing health service facilities, beds or dialysis stations which do not involve oh 
increase in the number of health service facility beds; reallocation of beds or stations; proposal s 
s ubmitted by Academic Medical Center Teaching Hospitals designated prior to January 1, 1990; - 
proposals for new home health offices applying pursuant to 10 NCAC 3R .3050(b)(6); and any other 
proposal not included in Categories A through F, or Category H through — Category L. Proposals 
for converting hospital beds to nursing care under 10 NCAC 3R .3050 (b)(1); and for demonstration 
projects designated in the SMFP. 

{&) Category H. — Propo s als for new continuing care facilities applying for exemption under 10 NCAC 

3R .3050(b)(2) and new home health agencies or offices. 

(9) Category I. — Proposals for converting hospital beds to nursing care under 10 NCAC 3R .3050(b)(1). 

(8) {+©) Category i H. Proposals for bone marrow transplantation services, burn intensive care services, 
neonatal intensive care services, open heart surgery services, solid organ transplantation services, 
air ambulance equipment, cardiac angioplastic equipment, cardiac catheterization equipment, 
heart-lung bypass machine, gamma knife, lithotriptors, magnetic resonance imaging scanner, positron 
emission tomography scanners, and major medical equipment as defined in G.S. 131E-176 (14Q, 
diagnostic centers as defined in G.S. 1 3 1 E- 1 76 (7a), and oncology treatment centers as defined in 
G.S. 131E-176 (8a) . 

(9) {44-) Category K I. Proposals for diagnostic centers and oncology treatment centers. Proposals 
involving cost overruns; expansions of existing continuing care facilities which are licensed by the 
Department of Insurance at the date the application is filed and are applying under exemptions from 
need determinations in K) NCAC 3R .3030; relocations within the same county of existing health 
service facilities, beds or dialysis stations which do not involve an increase in the number of health 
service facility beds or stations; reallocation of beds or stations; Category A proposals submitted by 
Academic Medical Center Teaching Hospitals designated prior to January 1^ 1990; proposals 
submitted pursuant to 10 NCAC 3R .3050(a)(3) by Academic Medical Center Teaching Hospitals 
designated prior to January J^ 1990; and any other proposal not included in Categories A through 

£L 

(4-3) Category L. — Proposals for new hospice home care program s , new ho s pice inpatient beds and new 

hospice residential bed s . 



Statutory Authority G.S. 1 31 E-l 76(25); 131E-177(1); 131E-1 83(b). 

.3020 CERTIFICATE OF NEED REVIEW SCHEDULE 

The agency has established the following schedule for review of categories and subcategories of facilities 
and services in 199 4 : 1995. 
(1) Category B. Subcategory Long-Term Nursing Facilities. 



County 



HSA 



CON Beginning 
Review Date 



Brunswick 

Pender 

Greene 

Lincoln 

Alexander 

Caldwell 



V April 1, 199 4 

¥ April 1, 1994 

¥} April 1, 199 4 

ffl September 1, 199 4 

I February 1, 1995 

I April 1, 1995 



1604 



NORTH CAROLINA REGISTER 



January 17, 1995 



9:20 



PROPOSED RULES 







CON Beginning 


County 


HSA 


Review Date 


Graham 


I 


April 1, 1995 


Transylvania 


I 


August 1, 1995 


Randolph 


11 


August 1, 1995 


Moore 


V 


Mav 1, 1995 


Craven 


Yl 


March 1, 1995 


Camden 


Yi 


September 1, 1995 


Carteret 


YI 


September 1, 1995 


Jones 


Yl 


March 1. 1995 


Hyde 


Yl 


Mav 1. 1995 


Gates 


YI 


December 1, 1995 


Perquimans 


YJ 


December 1, 1995 



(2) Category C. Subcategory Intermediate Care Facilities for Mentally Retarded. 







CON Beginning 


Counties 


HSA 


Review Date 


Buncombe, Madison, Mitchell, Yancey 


I 


June 1, 1994 
October 1, 1995 


Alleghanv, Ashe, Averv, Watauga, Wilkes 


I 


October 1, 1995 


Caldwell, Burke, Alexander, McDowell 


I 


October 1, 1995 


Rutherford, Polk 


I 


October 1, 1995 


Forsvth, Stokes 


II 


October 1, 1995 


Guilford 


U 


October 1, 1995 


Davidson 


u 


October 1, 1995 


Gaston, Lincoln 


III 


November 1, 1994 
October 1, 1995 


Rowan, Iredell, Davie 


H4 


May 1, 1994 


Stanlv, Cabarrus, Union 


m 


October 1, 1995 


Orange, Person, Chatham 


IV 


May 1, 1994 
November 1, 1995 


Halifax 


V4 


December 1, 1994 


Robeson, Bladen, Scotland, Columbus 


Y 


November 1, 1995 


Cumberland 


Y 


November 1, 1995 


New Hanover, Brunswick, Pender 


Y 


November 1, 1995 


Edgecombe, Nash 


YI 


November 1, 1995 



NORTH CAROLINA REGISTER 



January 17, 1995 



1605 



PROPOSED RULES 



(3) 
(4) 



Counties 



HSA 



CON Beginning 
Review Date 



Pitt 

Beaufort, Washington, Tyrrell, Hyde, Martin 

Hertford, Bertie, Gates, Northampton 

Pasquotank, Chowan, Perquimans, Camden, 
Dare, Currituck 



VI 

V4 
YI 

VI 



December 1, 199 4 
November 1, 1995 

June 1, 199 4 

November 1, 1995 

June 1, 199 4 
November L 1995 



Category D. Subcategory End Stage Renal Disease Dialysis Stations. Dialysis station review shall 
be conducted under the provisions of 10 NCAC 3R .3032. 

Category H. — Subcategory Home Health Agencies or Offices. Category E. Subcategory Ambulatory 
Surgical Facilities. 



County 



HSA 



CON Beginning 
Review Date 



kedeU 

Mecklenburg 
Durham 
Cumberland 

Cleveland 



ffl July 1, 199 4 

ffl February' 1, 199 4 

W February 1, 199 4 

V February 1, 199 4 

I April 1. 1995 



(5) Category E Subcategory Home Health Agencies or Offices. 







CON Beginning 


County 


HSA 


Review Date 


Watauga 


I 


October 1, 1995 


Forsvth 


H 


June 1, 1995 


Stokes 


H 


October 1, 1995 


Orange 


IV 


November 1, 1995 


Wake 


IV 


July L 1995 


Bertie 


YI 


July L 1995 


Onslow 


YJ 


November 1, 1995 



(6) (5) If a need has been identified for any health service or facility in 10 NCAC 3R .3030, applications 
Applications for certificates of need for those services will be reviewed pursuant to the following 
review schedule, unless another schedule has been specified in Items (1) - {4) {5} of this Rule or it 
has been determined in K) NCAC 3R .3030 that there is no need for the health service or facility 
proposed by the applicant . 



1606 



NORTH CAROLINA REGISTER 



January 17, 1995 



9:20 



PROPOSED RULES 



cot -] 

BEGINNING 
REVIEW 

DAT E 



HSA— I 



HSA II 



HSA III 



HSA IV 



HSA V 



HSA VI 



In ai i o ** 1 r l 

iQIIUUlJ 1 

February 1 

N.Tflroh 1 
April 1 

J u [y J 

Auguot 1 
Soptomb e r 1 
Ootobor 1 
Novemb e r 1 
Dooombor 1 



B, G, I 



A, G, E, Hi J, K 



A, C , G, F , D, 



B, G, L 



G, E, H 



A, C, D, G. F, 



B, G, I 



A, G , E, H, J , K 



A, C, G , F , D, 
Jj-K 



B, G, L 



G, E. H 



A , C , G, F , J, K 



A. G, E. H, I. J, 
K 



C, G, F 

B 

A , G , Hi J , K 

B, G , E, L 

A , C, G, F , J, K 



A, G, E. H, I, J. 
K 

ft-G 



C, G, F 
O 

A , G, H , J , K 

B, G, E , L 

A , C, G , F, J, K 



A, G, E, H, I, J, 
K 






A, C , G , F, D , 



G, E, H 



B. G, L 



A, C, D. G, F, 



A, G, E, H, I, J, 






A, C, G, F , D , 



G, E, H 



B, G, L 



A, C, D, G, F, 



CON 


Beginning 


HSA 


HSA 


Rev 


iew 


Date 


I, II, III 


IV, V, VI 


January 1 






11 


— 


February 1 






A^ILCLI 


G 


March 1 






— 


A^ILILI 


April 1 






IL IL.JLI 


— 


May 1 






— 


B.iLl 


June 1 






A.aLE 


D 


July 1 






— 


A.LF 


August 1 






JLILI 


— 


September 1 






iz 


ELILI 


October 1 






a.c.ei 


— 


November 1 






— 


A^c^El 


December 1 






QiiLl 


B, D, H, I 



Statutory Authority G.S. 1 31 E-l 76(25); 131E-177(1); 131E-1 83(b). 

.3030 FACILITY AND SERVICE NEED DETERMINATIONS 

Facility and service need determinations are shown in Items (1) - (16) of this Rule. The need determinations 
shall be revised continuously throughout 4-994 1995 pursuant to 10 NCAC 3R .3040. 
(1) Category A. Acute Health Service Facilities. 

It is determined that there is no need for additional acute care beds and no reviews are scheduled. 



9:20 



NORTH CAROLINA REGISTER January 17, 1995 



1607 



PROPOSED RULES 



(2) Category B. Long-Term Nursing Facility Beds. 
(a) It is determined that the counties listed below need additional Long-Term Nursing Facility Beds 
as specified. There is no need for additional Long-Term Nursing Facility Beds in other counties 
and no other reviews are scheduled. 



fbl 



(3) 
(a) 

(b) 







Number of Nursing 


County 


HSA 


Beds Needed 


Brunswick 


V 


40 


Pender 


V 


30 


Greene 


¥4 


40 


Lincoln 


WJ 


30 


Alexander 


I 


20 


Caldwell 


I 


60 


Transylvania 


I 


30 


Randolph 


u 


70 


Moore 


y 


70 


Craven 


VI 


50 


Camden 


yj 


10 


Carteret 


YI 


50 



It is presumed that operation of a new long-term nursing facility with a capacity of only 10 beds 
(as contrasted with an addition to an existing facility, or conversion of hospital or home for the 
aged beds) is not financially feasible under usual circumstances. Camden County lacks such 
facilities for expansion or conversion. Nevertheless, the need determination shown in this Plan 
provides an opportunity for development of this capacity within Camden County if special measures 
for assuring financial feasibility (such as philanthropic, religious, fraternal or public body financial 
assistance) can be demonstrated. Applications to develop Camden County's need determination in 
a contiguous county shall also be considered. Any such application shall confirm that admission 
priority shall be given to patients from Camden County, up to the number of beds jn the need 
determination, and conditions attached to the award of any resulting certificate of need shall 
stipulate how this admission preference is to be assured. It is the intent of this provision that 
consideration of any proposed alternative site shall give due regard to the convenience of its use 
by citizens of Camden County, as applicable. Convenience includes the extent to which visits to 
patients are likely to be facilitated by usual patterns of citizen travel associated with obtaining 
goods and services and employment. Any county's bed surplus or deficit is deemed irrelevant to 
its selection as an alternative location for the transfer of this capacity. 
Category C. 
Psychiatric Facility Beds. It is determined that there is no need for additional psychiatric beds and 
no reviews are scheduled. 

Intermediate Care Facilities for Mentally Retarded Beds. It is determined that the counties listed 
below need additional Intermediate Care Facility for Mentally Retarded (ICF/MR) Beds as 
specified. There is no need for additional ICF/MR Beds in other counties and no other reviews 
are scheduled. 



1608 



NORTH CAROLINA REGISTER 



January 17, 1995 



9:20 



PROPOSED RULES 



Counties 


HSA 


Need 








Determination 






Child 


Adult 


Buncombe, Madison, Mitchell, Yancey 


I 


06 


61 


Alleghany, Ashe, Averv, Watauga, 


[ 


o 


1 


Wilkes 








Caldwell, Burke, Alexander, McDowell 


I 


6 





Rutherford, Polk 


I 


6 





Forsvth, Stokes 


H 


6 


6 


Guilford 


U 


(J 


8 


Davidson 


H 


12 


2 


Gaston, Lincoln 


III 





618 


Stanlv, Cabarrus, Union 


ill 





7 


Rowan, Iredell, Davie 


H4 


+5 





Orange, Person, Chatham 


IV 


60 


07 


Halifax 


V4 


45 





Robeson, Bladen, Scotland, Columbus 


y 





6 


Cumberland 


V 





8 


New Hanover, Brunswick, Pender 


y 


6 





Edgecombe, Nash 


VI 





6 


Pitt 


VI 


430 


06 


Beaufort, Washington, Tyrrell, Hyde, 


V4 


% 


% 


Martin 








Hertford, Bertie, Gates, Northampton 


YJ 





6 


Pasquotank, Chowan, Perquimans, 


VI 


06 


4S0 


Camden, Dare, Currituck 



(c) Chemical Dependency Treatment Beds. It is determined that there is no need for additional 
chemical dependency treatment beds and no reviews are scheduled. 

(4) Category D. End Stage Renal Disease Treatment Facilities. Need for end-stage renal dialysis 
facilities or stations is determined as is provided in 10 NCAC 3R .3032. 

(5) Category E. Inpatient Rehabilitation Facility Bed s . 

(a) Inpatient Rehabilitation Facility Beds. It is determined that there is no need for additional 
rehabilitation beds and no reviews are scheduled. 

(b) (6) Category F. Ambulatory Surgery Operating Rooms. It is determined that there is need for two 
additional ambulatory surgery operating rooms in Cleveland County. There is no need for 
additional ambulatory surgery operating rooms in other counties and no other reviews are 
scheduled, except that a Rural Primary Care Hospital designated by the N.C. Office of Rural 
Health Services pursuant to Section 1 820(f) of the Social Security Act may apply for a certificate 
of need to convert existing operating rooms for use as a freestanding ambulatory surgical facility. 

£6} <=¥) Category H F. 



9:20 



NORTH CAROLINA REGISTER 



January 17, 1995 



1609 



PROPOSED RULES 



(aj 



New Home Health Agencies or Offices. It is determined that the counties listed below need 
additional Home Health Agencies or Offices as specified. There is no need for additional Home 
Health Agencies or Offices in other counties and no other reviews are scheduled. 



County 


HSA 


Number of Agencies 
or Offices Needed 


Iredell 


444 


4 




144 


2 




Durham 


fV 


i 


Cumberland 


V 


4 


Watauga 


I 


I 


Forsyth 


11 


I 


Stokes 


11 


I 


Orange 


1Y 


I 


Wake 


IV 


3 


Bertie 


Yi 


I 


Onslow 


YI 


I 



(b) New Hospice Home Care Programs. It is determined that there is no need for additional Hospice 
Home Care Programs and no reviews are scheduled. 

(c) New Hospice Inpatient Beds. 

£i) Single Counties. Single counties with a projected deficit of six or more beds are allocated beds 
based on the projected deficit. It has been determined that Forsyth County has a need for 
fourteen Hospice Inpatient Beds. There is no need for additional single county Hospice Inpatient 
Bed facilities and no other reviews are scheduled. 

fii] Contiguous Counties. It has been determined that any combination of two or more contiguous 
counties taken from the following list shall have a need for new hospice inpatient beds if the 
combined bed deficit for the grouping of contiguous counties totals six or more beds. Each 
county in a grouping of contiguous counties must have a deficit of at least one and no more than 
five beds. The need for the grouping of contiguous counties shall be the sum of the deficits in 
the individual counties. For purposes of this Rule, "contiguous counties" shall mean a grouping 
of North Carolina counties which includes the county in which the new hospice inpatient facility 
is proposed to be located and any one or more of the North Carolina counties which have a 
common border with that county even if the borders only touch at one point. No county may 
be included in a grouping of contiguous counties unless it is listed in the following table: 



County 


HSA 


Hospice Inpatient 
Bed Deficit 


Alexander 




I 


Ashe 




1 


Averv 




I 


Rutherford 




2 


Transylvania 




1 


Wilkes 


A 


1 



1610 



NORTH CAROLINA REGISTER 



January 17, 1995 



9:20 



Davidson 



Rockingham 



Iredell 



Lincoln 



County 



Alamance 



Stokes 



Surry 



Cabarrus 



Gaston 



Rowan 



Stanly 



Union 



Chatham 



Durham 



Johnston 



Wake 



Bladen 



Brunswick 



Columbus 



Cumberland 



Moore 
Pender 



Richmond 

Robeson 

Scotland 

Bertie 

Craven 



Duplin 

Edgecombe 

Hertford 

Nash 

Northampton 



Onslow 



PROPOSED RULES 



UI 
ill 
III 
LU 
rv 
iy 
rv 
IY 
v 

V 

y 
y 
y 
y 
y 
y 
y 
YI 

VI 

VI 
VI 

yi 

yj 

VI 



9:20 



NORTH CAROLINA REGISTER 



HSA 


Hospice Inpatient 


Bed Deficit 


u 




4 


n 




2 


u 




2 


n 




I 


n 




2 


111 




I 


ill 




3 


III 




1 



I 

2 

I 
I 
I 
2 
1 
5 
I 
I 
2 
I 
I 
I 
I 
I 
I 
I 
I 
2 
1 
I 
I 
1 
1 



/aniwry 17, ii>P5 



/6Ii 







PROPOSED RULES 








County 


HSA 


Hospice Inpatient 
Bed Deficit 


Pitt 
Wilson 




YI 
YI 


I 
1 



(7) Category G. Psychiatric/Substance Abuse Demonstration Project. 

(a) It is determined that no more than fifty beds, in a free-standing facility, are needed for a 
demonstration of the effectiveness and economy of the treatment, in the same facility and 
therapeutic milieu, of persons with addictions and persons with psychiatric disorders such as are 
evidenced by compulsive behaviors, 

(b) Such a demonstration shall incorporate the concept of closed groups; that is, "classes" of patients 
entering and leaving treatment concurrently, so as to facilitate the recovery-inducing aspects of the 
interaction of members of therapeutic groups. The treatment proposed to be offered in the 
demonstration also shall integrate a cognitively-based therapeutic program with a 12-step recovery 
model. 

(c) Persons proposing to meet this need must provide, in their applications for a certificate of need, 
evidence of their experience, ability and commitment not only to provide services as described 
above, but to demonstrate the applicability of these and other innovations to the broader therapeutic 
community. Such qualifications should be evidenced by the following: 

£i) A written agreement with a university -affiliated professional to design and oversee periodic or 

continuing determinations of the effectiveness of treatment provided m the demonstration, and 

the publication of the results. 
(ii) A written agreement with a university-affiliated professional from an academic medical center that 

establishes the willingness and intent of such professional to engage in a clinical relationship with 

the demonstration facility. 
(lii) Assurances that at least ten percent of the patients of the demonstration facility will be persons 

who require, and who are provided, free care. 
(iv) A commitment to provide to the Certificate of Need Section annual reports of the average per 

diem and per discharge patient charges, the total number of patients served, and the number of 

free care patients. Such reports will be due thirty days following the first, second and third 

anniversary dates of the licensure of the facility. 

(d) The number of beds for which a certificate of need is granted will not be counted m the State 
Medical Facility Plan's inventory of psychiatric or substance abuse beds in the mental health area 
or region in which the facility is to be located, or in any other area or region of the state. 

(e) It is intended that this demonstration will be exempt from state regulations which require that 
substance abuse and psychiatric patients be treated in separate accommodations, and from all other 
criteria and standards which are inconsistent with the unique character of the demonstration facility- 
Staff of the Division of Facility Services are asked to ascertain the measures needed to accomplish 
this intent and to implement them or recommend them to the Secretary of Human Resources. 

(8) Category J H. 

(a) Open heart surgery services. It is determined that there is no need for additional open heart 
surgery services and no reviews are scheduled; except that a health service facility that currently 
provides these services may apply for a certificate of need to expand its existing services to meet 
specific needs if utilization of the health service facility's existing open heart surgery services 
exceeds 80 % of capacity. 

(b) (9) Category J. Heart-Lung Bypass Machines. It is determined that there is no need for additional 
heart-lung bypass machines and no reviews are scheduled; except that a health service facility that 
currently provides open heart surgery services may apply for a certificate of need to acquire 
additional heart-lung bypass machinery if the existing heart-lung machinery used by the health 
service facility is utilized at or above 80% of capacity. 

(c) (10) Category J. Cardiac Angioplasty Equipment. It is determined that there is no need for 
additional cardiac angioplasty equipment and no reviews are scheduled; except that a health service 
facility that currently provides cardiac angioplasty services may apply for a certificate of need to 



1612 NORTH CAROLINA REGISTER January 17, 1995 9:20 



PROPOSED RULES 



acquire additional cardiac angioplasty equipment if utilization of cardiac angioplasty equipment used 
by the health service facility exceeds 80% of capacity. 

(11) Category J. Cardiac Catheterization Equipment. It is determined that there is no need for 
additional fixed or mobile cardiac catheterization equipment and no reviews are scheduled; except 
that a health service facility that currently provides cardiac catheterization services may apply for 
a certificate of need to acquire additional cardiac catheterization equipment if utilization of cardiac 
catheterization equipment used by the health service facility exceeds 80% of capacity. Mobile 



m 



iel 



® 






cardiac catheterization equipment and services shall only be approved for development on hospital 
sites. 



(12) Category J. Solid organ transplant services shall be developed and offered only by academic 
medical center teaching hospitals as designated in 10 NCAC 3R .3050(a)(3). It is determined that 
there is no need for new solid organ transplant services and no reviews are scheduled. 

(13) Category J. Bone Marrow Transplantation Services. It is determined that allogeneic bone 
marrow transplantation services shall be developed and offered only by academic medical center 
teaching hospitals as designated in 10 NCAC 3R .3050(a)(3). It is determined that there is no need 
for additional allogeneic or autologous bone marrow transplantation services and no reviews are 
scheduled. 

(1 4 ) Category J. Gamma Knife Equipment. It is determined that there is no need for gamma knife 
equipment and no reviews are scheduled. 

(15) Category J. Positron Emission Tomography Scanner. It is determined that there is no need 
for additional positron emission tomography scanners for purposes other than research and no 
reviews are scheduled. 

(46) Category L. 



¥)- 



New Hospice Home Care Programs. 





LICA 


Number of New 

Hospice Home Care 

Programs Needed 




Cumberland 


V 




4- 


Robeson 


V 




4- 


1 1 yuv* 


¥4 




4- 


Onslow 


¥4 




4- 




¥4 




4- 





(b) New Hospice Inpatient Beds (Single Counties). — It is determined that the following single counties 

have a need for six or more new Hospice Inpatient Beds: 



County 



1 lUi V 



Number of New 

Ho s pice Inpatient 

Beds Needed 



Forsyth 

Wnl-,. 
▼YttKC 



44 

4¥ 



8 

7 



(e) New Hospice Inpatient Beds (Contiguous Counties). It has been determined that any combination 

of two or more contiguous counties taken from the following list s hall have a need for new hospice 
inpatient beds if the combined bed deficit for the grouping of contiguous counties totals six or more 



9:20 



NORTH CAROLINA REGISTER 



January 17, 1995 



1613 



PROPOSED RULES 



beds. — Each county in a grouping of contiguous counties must have a deficit of at least one and m> 
more than five beds. — The need for the grouping of contiguous counties shall be the aum of the 
deficits in the individual countie s . — For purposes of this rule, "contiguous counties" shall mean a 
grouping of North Carolina counties which includes the county in which the new hospice inpatient 
facility is proposed to be located and any one or more of the immediately surrounding North 
Carolina counties which have a common border with that county, even if the borders only touch 
at one point. — No county may be included in a grouping of contiguous counties unless it is listed 
in the following table: 



County 



LIC A 

i on i 



Ho s pice Inpatient 
Bed Deficit 



Alexander 

Avery 
Burke 
Madison 

P n 1 1 ,- 

Rutherford 

Transylvania 

Watauga 

Wilkes 

Yancey 

AJamanee 

Caswell 



Davidson 



Guilford 



Rockingham 



Stokes 
Surry 



Cabarrus 



Gaston 
JfedeM 



Mecklenburg 



Rowan 

Stanly 

Union 

Chatham 

Durham 



H 
U 
U 
H 

H 

m 

m 
m 

fV 

tv 



1 

+ 
4- 
+ 
i 

2 
1 

+ 
4 
1 

§ 
4 
3 
4 

* 
4 

2 
3 
4 
i 
4 

4 

2 
2 
1 



1614 



NORTH CAROLINA REGISTER 



January 17, 1995 



9:20 



PROPOSED RULES 







Hospice Inpatient 




T-TC A 
1 1UJ V 


Bed Deficit 




Johnston 


IV 


4 


fcee 


FV 


4 


Bladen 


V 


4 


Brunswick 


V 


3 


Columbus 


V 


3 


Harnett 


V 


4 


Moore 


V 


3 


Pender 


V 


1 


Richmond 


V 


4 


Scotland 


¥ 


4 




¥4 


3 




¥4 


4 




Greene 


¥4 


3 


Hertford 


V4 


3 


Nash 


VI 


4 




¥4 


4 




Onslow 


V4 


4 


Pitt 


¥4 


4 


Wilson 


VI 


4- 



Statutory Authority G.S. 131E-176(25); 131E-177(1); 131E-183(b). 

.3032 DIALYSIS STATION NEED DETERMINATION 

(a) The Medical Facilities Planning Section (MFPS) shall determine need for dialysis stations and facilities 
two times each calendar year, and shall make a report of such determinations available to all who request it. 
This report shall be called the MFPS North Carolina Semiannual Dialysis Report (SDR). Data to be used for 
such determinations, and their sources, are as follows: 

(1) Numbers of dialysis patients, by type, county and facility, from the Southeastern Kidney Council, 
Inc. (SEKC) and the Mid-Atlantic Renal Coalition, Inc. 

(2) Certificate of need decisions, decisions appealed, appeals settled, and awards, from the Certificate 
of Need Section, DFS. 

(3) Facilities certified for participation in Medicare, from the Certification Section, DFS. 

(4) Need determinations for which certificate of need decisions have not been made, from MFPS 
records. 

Need determinations in this report shall be an integral part of the State Medical Facilities Plan, as provided 
in G.S. 131E-183. 

(b) Need for dialysis stations and facilities shall be determined as follows: 
(1) County Need. 

(A) The average annual rate (%) of change in total number of dialysis patients resident in each county 
from the end of 4989 1990 to the end of -4993 1994 is multiplied by the county's 4993 1994 year 
end total number of patients in the MFPS Semiannual Dialysis Report ( SDR), and the product is 



9:20 



NORTH CAROLINA REGISTER 



January 17, 1995 



1615 



PROPOSED RULES 



added to each county's most recent total number of patients reported in the SDR. The sum is the 

county's projected total 199 4 1995 patients. 

The percent of each county's total patients who were home dialysis patients at the end of 4993 

1994 is multiplied by the county's projected total 199 4 1995 patients, and the product is 

subtracted from the county's projected total 199 4 1995 patients. The remainder is the county's 

projected 199 4 1995 in-center dialysis patients. 

The projected number of each county's 199 4 1995 in-center patients is divided by 3.2. The 



(B) 

(C) 
(D) 



quotient is the projection of the county's 199 4 1995 in-center dialysis stations. 
From each county's projected number of 199 4 1995 in-center stations is subtracted the county's 
number of stations certified for Medicare, CON-approved and awaiting certification, awaiting 
resolution of CON appeals, and the number represented by need determinations in previous State 
Medical Facilities Plans or Semiannual Dialysis Reports for which CON decisions have not been 
made. The remainder is the county's 199 4 1995 station need projection. 
(E) If a county's 199 4 1995 station need projection is ten or greater and the SDR shows that 
utilization of each dialysis facility in the county is 80% or greater, the 199 4 1995 county station 
need determination is the same as the 199 4 1995 station need projection. If a county's 1995 
station need projection is less than ten, the county's 1995 station need determination is zero. 
(2) Facility Need. A dialysis facility located in a county whose unmet need in the reference 

Semiannual Dialysis Report (SDR) is less than ten stations is determined to need additional stations 

to the extent that: 

(A) Its utilization, reported in the SDR, is greater than 3.2 patients per station. 

(B) Such need, calculated as follows, is reported in an application for a certificate of need: 

(i) The facility's number of in-center hemodialysis patients reported in the previous SDR (SDR[) 

is subtracted from the number of in-center hemodialysis patients reported in the current SDR 

(SDR 2 ). The difference is multiplied by 2 to project the net in-center change for 1 year. 

Divide the projected net in-center change for the year by the number of in-center patients 

from SDR, to determine the projected annual growth rate, 
(ii) The quotient from Subpart (b)(2)(B)(i) of this Rule is divided by 12. 
(iii) The quotient from Subpart (b)(2)(B)(ii) of this Rule is multiplied by the number of months 

from the most recent month reported in the current SDR until the end of calendar 199 4 1995 . 
(iv) The product from Subpart (b)(2)(B)(iii) of this Rule is multiplied by the number of the 

facility's in-center patients reported in the current SDR and that product is added to such 

reported number of in-center patients, 
(v) The sum from Subpart (b)(2)(B)(iv) of this Rule is divided by 3.2, and from the quotient is 

subtracted the facility's current number of certified and pending stations as recorded in the 

current SDR. The remainder is the number of stations needed. 

(C) The facility may apply to expand to meet the need established in Subpart (b)(2)(B)(v) of this Rule, 
up to a maximum of ten stations. 

(c) The schedule for publication of the Medical Facilities Planning Section's North Carolina Semiannual 
Dialysis Report (SDR) and for receipt of certificate of need applications based on each issue of this report in 
4994 1995 shall be as follows: 



Date for 
Period Ending 



Receipt of 
SEKC Report 



Publication 
of SDR 



Receipt of CON 
Applications 



Beginning 
Review Dates 



Dec. 31, 1993 

June 30, 199 4 

Dec. 31, 1994 

June 3(L 1995 



Febr 


-Z&T 


4994 


Feb. 

Au?. 


2JL 
31, 


1995 

1995 



March 19, 199 4 
Sept. 20, 199 4 
March 20, 1995 
Sept. 20, 1995 



May 16, 199 4 
Nov. 15, 199 4 
May 16, 1995 
Nov. 15, 1995 



Jun e 1, 199 4 
Dec. 1, 199 4 
June 1, 1995 
Dec. L 1995 



1616 



NORTH CAROLINA REGISTER 



January 17, 1995 



9:20 



PROPOSED RULES 



(d) An application for a certificate of need pursuant to this Rule shall be accepted only if it demonstrates 
a need by utilizing one of the methods of determining need outlined in this Rule. 

(e) An application for a new End Stage Renal Disease facility shall not be approved unless it documents 
the need for at least 10 stations based on utilization of 3^2 patients per station per week. 



(fj Home patients will not be included in determination of need for new stations. 
Statutory Authority G.S. 1 31 E-l 76(25); 131E-177(1); 1 31 E-l 83(b). 

.3040 REALLOCATIONS AND ADJUSTMENTS 

(a) REALLOCATIONS. 

(1) Reallocations shall be made only to the extent that 10 NCAC 3R .3030 determines that a need 
exists after the inventory is revised and the need determination is recalculated. 

(2) Beds or services which are reallocated once in accordance with this policy shall not be reallocated 
again. Rather, the Medical Facilities Planning Section shall make any necessary changes in the 
next published amendment to 10 NCAC 3R .3030. 

(3) Appeals of Certificate of Need Decisions on Applications. Need determinations of beds or services 
for which the CON Section decision has been appealed shall not be reallocated until the appeal is 
resolved. 

(A) Appeals Resolved Prior to September 17: If an appeal is resolved in the calendar year prior to 
September 17, the beds or services shall not be reallocated by the CON Section; rather the 
Medical Facilities Planning Section shall make the necessary changes in the next amendment to 
10 NCAC 3R .3030. 

(B) Appeals Resolved On Or After September 17: If the appeal is resolved on or after September 
17 in the calendar year, the beds or services shall be made available for a review period to be 
determined by the CON Section, but beginning no earlier than 60 days from the date that the 
appeal is resolved. Notice shall be given by the Certificate of Need Section no less than 45 days 
prior to the due date for receipt of new applications. 

(4) Dialysis stations that are withdrawn, relinquished, not applied for or decertified shall not be 
reallocated. Instead, any necessary redetermination of need shall be made in the next scheduled 
publication of the Semiannual Dialysis Report. 

(5) Withdrawals and Relinquishments. A need determination for which a certificate of need is issued, 
but is subsequently withdrawn or relinquished, is available for a review period to be determined 
by the Certificate of Need Section, but beginning no earlier than 60 days from: 

(A) the last date on which an appeal of the notice of intent to withdraw the certificate could be filed 
if no appeal is filed, 

(B) the date on which an appeal of the withdrawal is finally resolved against the holder, or 

(C) the date that the Certificate of Need Section receives from the holder of the certificate of need 
notice that the certificate has been voluntarily relinquished. 

Notice of the scheduled review period for the reallocated services or beds shall be given no less 
than 45 days prior to the due date for submittal of the new applications. 

(6) Need Determinations for which No Applications are Received. 

(A) Services or Beds with Scheduled Review in the Calendar Year on or Before October 1: Need 
determinations, or portions of such need, for services or beds in this category include long-term 
nursing care beds, home health agencies or offices, hospice home care programs, hospice 
inpatient beds, and beds in intermediate care facilities for the mentally retarded (ICF/MR) with 
the exception of ICF/MR need determinations with a scheduled review that begins after October 
1 . The Certificate of Need Section shall not reallocate the services or beds in this category for 
which no applications were received, because the Medical Facilities Planning Section will have 
sufficient time to make any necessary changes in the determinations of need for these services or 
beds in the next annual amendment to 10 NCAC 3R .3030. 

(B) Services or Beds with Scheduled Review in the Calendar Year After October 1: Need 
determinations for services or beds in this category include acute care beds, rehabilitation bed s , 
ambulatory s urgery operating room s , medical technology, psychiatric beds, substance abuse beds, 
ICF/MR beds, bone marrow transplantation services, burn intensive care services, neonatal 
intensive care services, open heart surgery services, solid organ transplantation services, air 



9:20 NORTH CAROLINA REGISTER January 17, 1995 1617 



PROPOSED RULES 



ambulance equipment, cardiac angioplastic equipment, cardiac catheterization equipment, 
heart-lung bypass machine, gamma knife, lithotriptors, magnetic resonance imaging scanner 
positron emission tomography scanners, major medical equipment as defined in G.S. 
131E-176(14f), diagnostic centers and oncology treatment centers for which review commences 
after October 1 . A need determination in this category for which no application has been 
received by the last due date for submittal of applications shall be available to be applied for in 
the second Category G I review period in the next calendar year for the applicable HSA. Notice 
of the scheduled review period for the reallocated beds or services shall be given by the 
Certificate of Need Section no less than 45 days prior to the due date for submittal of new 
applications. 
(7) Need Determinations not Awarded because Application Disapproved. 

(A) Disapproval in the Calendar Year prior to September 17: Need determinations or portions of 
such need for which applications were submitted but disapproved by the Certificate of Need 
Section before September 17, shall not be reallocated by the Certificate of Need Section. Instead 
the Medical Facilities Planning Section shall make the necessary changes in the next annual 
amendment to 10 NCAC 3R .3030 if no appeal is filed. 

(B) Disapproval in the Calendar Year on or After September 17: Need determinations or portions 
of such need for which applications were submitted but disapproved by the Certificate of Need 
Section on or after September 17, shall be reallocated by the Certificate of Need Section. A need 
in this category shall be available for a review period to be determined by the Certificate of Need 
Section but beginning no earlier than 95 days from the date the application was disapproved, if 
no appeal is filed. Notice of the scheduled review period for the reallocation shall be mailed no 
less than 80 days prior to the due date for submittal of the new applications. 

(b) CHANGES IN NEED DETERMINATIONS. 

(1) The need determinations in 10 NCAC 3R .3030 and .3032 shall be revised continuously throughout 
199 4 1995 to reflect all changes in the inventories of: 

(A) the health services listed at G.S. 131E-176 (16)(f); 

(B) health service facilities; 

(C) health service facility beds; 

(D) dialysis stations; 

(E) the equipment listed at G.S. 131E-176 (16)(fl); and 

(F) mobile medical equipment. 

as those changes are reported to the Medical Facilities Planning Section. However, need 
determinations in 10 NCAC 3R .3030 or .3032 shall not be reduced if the relevant inventory is 
adjusted upward 30 days or less prior to the first day of the applicable review period. 

(2) Inventories shall be updated to reflect: 

(A) decertification of home health agencies or offices and dialysis stations; 

(B) delicensure of health service facilities and health service facility beds; 

(C) demolition, destruction, or decommissioning of equipment as listed at G.S. 131E-176(16)(fl) and 

(s); 

(D) elimination or reduction of a health service as listed at G.S. 131E-176(16)(f); 

(E) psychiatric beds licensed pursuant to G.S. 131E-184(c); 

(F) certificates of need awarded, relinquished, or withdrawn, subsequent to the preparation of the 
inventories in the State Medical Facilities Plan; and 

(G) corrections of errors in the inventory as reported to the Medical Facilities Planning Section. 

(3) Any person who is interested in applying for a new institutional health service for which a need 
determination is made in 10 NCAC 3R .3030 or .3032 may obtain information about updated 
inventories and need determinations from the Medical Facilities Planning Section. 

Statutory Authority G.S. 1 31 E-l 76(25); 131E-177(1). 

.3050 POLICIES 
(a) ACUTE CARE FACILITIES AND SERVICES 
(1) Use of Licensed Bed Capacity Data for Planning Purposes. For planning purposes the number of 
licensed beds shall be determined by the Division of Facility Services in accordance with standards 



1618 NORTH CAROLINA REGISTER January 17, 1995 9:20 



PROPOSED RULES 



found in 10 NCAC 3C .1510 - Bed Capacity. 

(2) Utilization of Acute Care Hospital Bed Capacity. Conversion of underutilized hospital space to 
other needed purposes shall be considered an alternative to new construction. Hospitals falling 
below utilization targets in 10 NCAC 3R .3050(a)(4) are assumed to have underutilized space. Any 
such hospital proposing new construction must clearly demonstrate that it is more cost-effective 
than conversion of existing space. 

(3) Exemption from Plan Provisions for Certain Academic Medical Center Teaching Hospital Projects. 
Projects for which certificates of need are sought by academic medical center teaching hospitals 
may qualify for exemption from provisions of 10 NCAC 3R .3030. The State Medical Facilities 
Planning Section shall designate as an Academic Medical Center Teaching Hospital any facility 
whose application for such designation demonstrates the following characteristics of the hospital: 

(A) Serves as a primary teaching site for a school of medicine and at least one other health 
professional school, providing undergraduate, graduate and postgraduate education. 

(B) Houses extensive basic medical science and clinical research programs, patients and equipment. 

(C) Serves the treatment needs of patients from a broad geographic area through multiple medical 
specialties. 

(D) Exemption from the provisions of 10 NCAC 3R .3030 shall be granted to projects submitted by 
Academic Medical Center Teaching Hospitals designated prior to January 1, 1990 which projects 
comply with one of the following conditions: 

(i) Necessary to complement a specified and approved expansion of the number or types of 

students, residents or faculty, as certified by the head of the relevant associated professional 

school; or 
(ii) Necessary to accommodate patients, staff or equipment for a specified and approved 

expansion of research activities, as certified by the head of the entity sponsoring the research; 

or 
(iii) Necessary to accommodate changes in requirements of specialty education accrediting bodies, 

as evidenced by copies of documents issued by such bodies. 

(4) Reconversion to Acute Care. Facilities redistributing beds from acute care bed capacity to 
rehabilitation or psychiatric use shall obtain a certificate of need to convert this capacity back 
to acute care. Application for such reconversion to acute care of beds converted to psychiatry or 
rehabilitation shall be evaluated against the hospital's utilization in relation to target occupancies 
used in determining need shown in 10 NCAC 3R .3030 without regard to the acute care bed need 
shown in the Rule. These target occupancies are: 

Licensed Bed Capacity Percent Occupancy 

65 
70 
75 
80 
81.5 

(5) Multi-Specialty Ambulatory Surgery. After applying other required criteria, when superiority 
among two or more competing ambulatory surgical facility certificate of need applications is 
uncertain, favorable consideration shall be given to "multi-specialty programs" over "specialty 
programs" in areas where need is demonstrated in 10 NCAC 3R .3030. A multi-specialty 
ambulatory surgical program means a program providing services in at least three of the following 
areas; gynecology, otolaryngology, plastic surgery, general surgery, ophthalmology, orthopedics, 
urology, and oral surgery. An ambulatory surgical facility shall provide at least two designated 
operating rooms with general anesthesia capabilities, and at least one designated recovery room. 

(6) Distribution of Inpatient Rehabilitation Beds. After applying other required criteria, when 
superiority among two or more competing rehabilitation facility certificate of need applications is 
uncertain, favorable consideration shall be given to proposals that make rehabilitation services more 
accessible to patients and their families or are part of a comprehensive regional rehabilitation 
network. 

(b) LONG-TERM CARE FACILITIES AND SERVICES. 



9:20 NORTH CAROLINA REGISTER January 17, 1995 1619 



1 


- 49 


50 


- 99 


100 


- 199 


200 


- 699 


700 


+ 



PROPOSED RULES 



(1) Provision of Hospital-Based Long-Term Nursing Care. A certificate of need may be issued to 
hospital which is licensed under G.S. 13 IE, Article 5, and which meets the conditions set fort! 
below and other relevant rules, to convert up to ten beds from its licensed acute care bed capacit 
for use as hospital-based long-term nursing care beds without regard to determinations of need ii 
10 NCAC 3R .3030 if the hospital: 

(A) is located in a county which was designated as non-metropolitan by the U. S. Office o 
Management and Budget on January 1 , 199 4 1995 ; and 

(B) on January 1, 199 4 1995 , had a licensed acute care bed capacity of 150 beds or less. 
The certificate of need shall remain in force as long as the Department of Human Resource 
determines that the hospital is meeting the conditions outlined in this Rule. 
"Hospital-based long-term nursing care" is defined as long-term nursing care provided to a patien 
who has been directly discharged from an acute care bed and cannot be immediately placed in 
licensed nursing facility because of the unavailability of a bed appropriate for the individual' 
needs. Determination of the patient's need for hospital-based long-term nursing care shall be mad< 
in accordance with existing criteria and procedures for determining need for long-term nursing car< 
administered by the Division of Medical Assistance and the Medicare program. Beds developec 
under this Rule are intended to provide placement for residents only when placement in othei 
long-term care beds is unavailable in the geographic area. Hospitals which develop beds under this 
Rule shall discharge patients to other nursing facilities with available beds in the geographic are* 
as soon as possible where appropriate and permissible under applicable law. Necessary 
documentation including copies of physician referral forms (FL 2) on all patients in hospital-base< 
nursing units shall be made available for review upon request by duly authorized representative! 
of licensed nursing facilities. 

For purposes of this Rule, beds in hospital-based long-term nursing care shall be certified as 
"distinct part" as defined by the Health Care Financing Administration. Beds in a "distinct part' 
shall be converted from the existing licensed bed capacity of the hospital and shall not tx 
reconverted to any other category or type of bed without a certificate of need. 
An application for a certificate of need for reconverting beds to acute care shall be evaluatec 
against the hospital's service needs utilizing target occupancies shown in 10 NCAC 3R .3050(a)(4) 
without regard to the acute care bed need shown in 10 NCAC 3R .3030. A certificate of need 
issued for a hospital-based long-term nursing care unit shall remain in force as long as th 
following conditions are met: 

(i) the beds shall be certified for participation in the Title XVIII (Medicare) and Title XIX 

(Medicaid) Programs; 
(ii) the hospital discharges residents to other nursing facilities in the geographic area with 

available beds when such discharge is appropriate and permissible under applicable law; 
(iii) patients admitted shall have been acutely ill inpatients of an acute hospital or its satellites 
immediately preceding placement in the unit. 
The granting of beds for hospital-based long-term nursing care shall not allow a hospital to 
convert additional beds without first obtaining a certificate of need. Where any hospital, or the 
parent corporation or entity of such hospital, any subsidiary corporation or entity of such hospital, 
or any corporation or entity related to or affiliated with such hospital by common ownership, 
control or management: 

(I) applies for and receives a certificate of need for long-term care bed need determinations 
in 10 NCAC 3R .3030; or 

(II) currently has nursing home beds licensed as a part of the hospital under G.S. 131E, 
Article 5; or 

(III) currently operates long-term care beds under the Federal Swing Bed Program (PL. 
96-499), 

such hospital shall not be eligible to apply for a certificate of need for hospital-based long-term 
care nursing beds under this Rule. Hospitals designated by the State of North Carolina as Rural 
Primary Care Hospitals pursuant to section 1820(f) of the Social Security Act, as amended, which 
have not been allocated long-term care beds under provisions of G.S. 13 IE 175-190, may apply 
to develop beds under this Rule. However, such hospitals shall not develop long-term care beds 
both to meet needs determined in 10 NCAC 3R .3030 and this Rule. 



i 



1620 NORTH CAROLINA REGISTER January 17, 1995 9:20 



PROPOSED RULES 



Beds certified as a "distinct part" under this Rule shall be noted as such in 10 NCAC 3R .3000 
and shall be counted in the inventory of existing long-term care beds and used in the calculation 
of unmet long-term care bed need for the general population of a planning area. Applications for 
certificates of need pursuant to this Rule shall be accepted only for the February 1 review cycle. 
Beds awarded under this Rule shall be deducted from need determinations for the county as 
shown in 10 NCAC 3R .3030. Continuation of this Rule shall be reviewed and approved by the 
Department of Human Resources annually. Certificates of need issued under policies analogous 
to this Rule in State Medical Facilities Plans subsequent to the 1986 Plan are automatically 
amended to conform with the provisions of this Rule at the effective date of this Rule. The 
Department of Human Resources shall monitor this program and ensure that patients affected by 
this Rule are receiving appropriate services, and that conditions under which the certificate of 
need was granted are being met. 

(2) Plan Exemption for Continuing Care Facilities. 

(A) Qualified continuing care facilities may include from the outset, or add or convert bed capacity 
for long-term nursing care without regard to the bed need shown in 10 NCAC 3R .3030. To 
qualify for such exemption, applications for certificates of need shall show that the proposed 
long-term nursing bed capacity: 

(i) Will only be developed concurrently with, or subsequent to construction on the same site, of 
facilities for both of the following levels of care: 

(I) independent living accommodations (apartments and homes) for persons who are able to 
carry out normal activities of daily living without assistance; such accommodations may 
be in the form of apartments, flats, houses, cottages, and rooms within a suitable 
structure; 

(II) domiciliary care (home for the aged) beds for use by persons who, because of age or 
disability require some personal services, incidental medical services, and room and board 
to assure their safety and comfort. 

(ii) Will be used exclusively to meet the needs of persons with whom the facility has continuing 
care contracts (in compliance with the Department of Insurance statutes and regulations) who 
have lived in a non-nursing unit of the continuing care facility for a period of at least 30 days. 
Exceptions shall be allowed when one spouse or sibling is admitted to the nursing unit at the 
time the other spouse or sibling moves into a non-nursing unit, or when the medical condition 
requiring nursing care was not known to exist or be imminent when the individual became 
a party to the continuing care contract. Financial consideration paid by persons purchasing 
a continuing care contract shall be equitable between persons entering at the "independent 
living" and "domiciliary" levels of care. 

(iii) Reflects the number of beds required to meet the current or projected needs of residents with 
whom the facility has an agreement to provide continuing care, after making use of all 
feasible alternatives to institutional nursing care. 

(iv) Will not be certified for participation in the Medicaid program. 

(B) One half of the long-term nursing beds developed under this exemption shall be excluded from 
the inventory used to project bed need for the general population. Certificates of need issued 
under policies analogous to this Rule in State Medical Facilities Plans subsequent to the 1985 
SMFP are automatically amended to conform with the provisions of this Rule at the effective date 
of this Rule. Certificates of need awarded pursuant to the provisions of Chapter 920, Session 
Laws 1983, or Chapter 445, Session Laws 1985 shall not be amended except by law. 

(3) Development of Home Health Services. After applying other required criteria, when superiority 
among two or more competing home health agency or office certificate of need applications is 
uncertain, favorable consideration shall be given to proposals which: 

(A) provide an expanded scope of services (including nursing, physical therapy, speech therapy, and 
home health aide service); 

(B) provide the widest range of treatments within a given service; and 

(C) have the ability to offer services on a seven days per week basis as required to meet patient 
needs. 

(4) Need Determination Upon Termination of County's Sole Home Health Agency. When a home 
health agency's board of directors, or in the case of a public agency, the responsible public body, 



9:20 NORTH CAROLINA REGISTER January 17, 1995 1621 



PROPOSED RULES 



votes to discontinue the agency's provision of home health services; and 

(A) the agency is the only home health agency with an office physically located in the county; and 

(B) the agency is not being lawfully transferred to another entity; 
need for a new home health agency or office in the county is thereby established through this 
Rule. 

Following receipt of written notice of such decision from the home health agency's chiei 
administrative officer, the Certificate of Need Section shall give public notice of the need for one 
home health agency or office in the county, and the dates of the review of applications to meet the 
need. Such notice shall be given no less than 45 days prior to the final date for receipt of 
applications in a newspaper serving the county and to home health agencies located outside the 
county reporting serving county patients in the most recent licensure applications on file. 

(5) Availability of Dialysis Care. After applying other required criteria, when superiority among two 
or more competing dialysis facility or station certificate of need applications is uncertain, favorable 
consideration shall be given to applicants proposing to provide or arrange for: 

(A) home training and backup for patients suitable for home dialysis in the ESRD dialysis facility or 
in a facility that is a reasonable distance from the patient's residence; 

(B) ESRD dialysis service availability at times that do not interfere with ESRD patients' work 
schedules; 

(C) services in rural, remote areas. 

(6) Need for an Additional Home Health Agency Office Within an Existing Home Health Service - Area 



When an exi s ting home health agency is serving 150 home health patients or more on an annual 
basis (as documented on the agency' s most recent license renewal application or as documented and 



certified by the agency for a 12 month period to the s atisfaction of the Division of Facility 



Services) in a county in its authorized service area as defined in 10 NCAC 3R. 0320 in which the 



agency has no home health office, the agency shall be allowed to apply for a CON to open a home 
health agency office within that county. Such application must document to the satisfaction of the 



Certificate of Need Section that the additional home health agency office will provide improved 



client service at a lower cost. — The additional home health agency office shall only be allowed to 



provide services within the agency's authorized service area. — No applications shall be received 



under thi s provision for additional home health agency offices in counties outaido of a home health 



agency's authorized service area or for any county within the service area where the agency already 



has one or more home health agency offices or where the agency is not serving at least 150 home 



health patients on an annual basis. — This Rule shall allow no expansion of home health services 
outside of the agency' s service area as defined by 10 NCAC 3R .0320. Determination of Need 



for Additional Nursing Beds in Single Provider Counties. When a long-term care facility with 
fewer than 80 nursing care beds is the only nursing care facility within a county, it may apply for 
a certificate of need for additional nursing beds in order to bring the minimum number of beds 
available within the county to no more than 80 nursing beds without regard to the nursing bed need 



determination for that county as listed in K) NCAC 3R .3030. 
(c) MENTAL HEALTH FACILITIES AND SERVICES. 

(1) Appropriate Provision of Care. Hospitalization shall be considered the most restrictive form of 
therapeutic intervention or treatment and shall be used only when this level of 24-hour care and 
supervision is required to meet the patient's health care needs. 

(2) Linkages Between Treatment Settings. Anyone applying for a certificate of need for psychiatric, 
ICF/MR or substance abuse beds shall document that the affected area mental health, developmen- 
tal disabilities and substance abuse authorities have been contacted and invited to comment on the 
proposed services, relative to their endorsement of the project and involvement in the development 
of a client admission and discharge agreement. 

(3) Transfer of Beds from State Psychiatric Hospitals to Community Facilities. Beds in the State 
psychiatric hospitals used to serve short-term psychiatric patients may be relocated to community 
facilities. However, before beds are transferred out of the State psychiatric hospitals, appropriate 
services and programs shall be available in the community. The process of transferring beds shall 
not result in a net change in the number of psychiatric beds available, but rather in the location of 
beds counted in the existing inventory. State hospital beds which are relocated to community 
facilities shall be closed within ninety days following the date the transferred beds become 



1622 NORTH CAROLINA REGISTER January 17, 1995 9:20 



PROPOSED RULES 



(4) 



(5) 
(6) 
(7) 



(8) 



operational in the community. Facilities proposing to operate transferred beds shall commit to 
serve the type of short-term patients normally placed at the State psychiatric hospitals. To help 
ensure that relocated beds will serve those persons who would have been served by the State 
psychiatric hospitals, a proposal to transfer beds from a State hospital shall include a written 
memorandum of agreement between the area MH/DD/SAS program serving the county where the 
beds are to be located, the Secretary of Human Resources, and the person submitting the proposal. 
Inpatient Psychiatric Services for Children and Adolescents. Inpatient psychiatric treatment of 
children and adolescents which is more extensive than stabilization shall occur in units which are 
separate and distinct from both adult psychiatric units and general pediatric units. In order to 
maximize efficiency and ensure the availability of a continuum of care, psychiatric beds for 
children and adolescents shall be developed in conjunction with outpatient treatment programs. 
Involuntarily Committed Patients. All certificate of need applications for psychiatric beds shall 
indicate the proponents' willingness to be designated to serve involuntarily committed patients. 
Substance Abuse Programs to Treat Adolescents. Adolescents shall receive substance abuse 
treatment services that are distinct from services provided to adults. 

Determination of Intermediate Care Bed Need for Mentally Retarded/Developmentally Disabled 
Persons. After applying other required criteria, when superiority among two or more competing 
ICF/MR certificate of need applications is uncertain, favorable consideration shall be given to 
counties that do not have ICF/MR group homes when such counties are part of a multi-county area 
for which a need is shown in 10 NCAC 3R .3030. 

Transfer of Beds from State Mental Retardation Centers. Facilities proposing to transfer ICF/MR 
beds from State mental retardation centers to communities shall demonstrate that they are 
committed to serving the same type of residents normally served in the State mental retardation 
centers. To ensure that relocated beds will serve those persons, any certificate of need application 
fef proposing to transfer beds allocated under the above policy this rule must meet the requirements 
of Chapter 858 of the 1983 Session Laws. The application for transferred beds shall include a 
written agreement by the applicant with the following representatives which outlines the operational 
aspects of the bed transfers: Director of the Area MH/DD/SAS Program serving the county where 
the program is to be located; the Director of the applicable State Mental Retardation Center; the 
Chief of Developmental Disability Services in the DMH/DD/SAS; and the Secretary of the 
Department of Human Resources. 



Statutory Authority G.S. 131E-176(25); 131E-177(1); 131 E-l 83(b). 






* * * # 



Notice is hereby given in accordance with G.S. 
150B-21.2 that the Division of Facility Services 
intends to amend rules cited as 10 NCAC 30 
0104, .0305, .0306, .0308, .0405, .0503 - .0506, 
.0607 - .0608, .0705 and repeal rules cited as 10 
NCAC 30 .0105, .0307, .0309 - .0310, .0403 - 
.0404, .0507, .0605 - .0606, .0609 - .0610. 

1 he proposed effective date of this action is May 
1, 1995. 

lhe public hearing will be conducted at 10:00 
a.m. on February 22, 1995 at the Council Build- 
ing, Room 201, 701 Barbour Drive, Raleigh, NC 
27603. 



Reason for Proposed Action: To adopt as perma- 
nent rules the temporary rule amendments related 
to the Charitable Solicitation Program which 
became effective January 1 , 1995. The rules are 
being amended and repealed as a result of the 
rewrite of the Charitable Solicitation Act (SB 940 
ratified July 15, 1994). 

Ksomment Procedures: All written comments must 
be submitted to Jackie Sheppard, APA Coordina- 
tor, Division of Facility Services, PO Box 29530, 
Raleigh, NC 27626-0530, telephone (919) 
733-2342, up to and including February 22 
, 1995. 

tLditor's Note: These Rules were filed as tempo- 
rary rules effective January 1, 1995 for a period 
of 180 days or until the permanent rules become 
effective, whichever is sooner. 



9:20 



NORTH CAROLINA REGISTER 



January 17, 1995 



1623 



PROPOSED RULES 



CHAPTER 3 - FACILITY SERVICES 

SUBCHAPTER 30 - THE SOLICITATION 
LICENSING PROGRAM 

SECTION .0100 - GENERAL 
INFORMATION 

.0104 DEFINITIONS 

(a) Terms defined in G.S. 131C 3 131F-2 shall 
have the same meaning for the purpose of these 
Rules And Regulations rules as they do in the 
statute. 

(b) "The Act" means th« an Act to rewrite the 
Charitable Solicitation Licensure Act, G.S. 131C 1 
131F-1 et. seq. 

(c) "Advertising material" means printed re- 
quests for contributions but does not include tapes, 
records, films, slides, trailers, or other similar 
nonprinted items. 

(d) "Audit or finance committee" means a group 
of three or more persons who serve on the 
organization's governing board and of which the 
majority are neither officers nor employees of the 
organization. A chief function of this committee 
shall be the review of the organization's financial 
statement. 

(e) — "Charitabl e organization" means a p e rson 
who s olicits contributions or has contributions 
solicit e d in its b e half for charitable purposes. 

(e) t$ "Compensation" means salaries, wages, 
fees, commissions, benefits, or any other 
remuneration or valuable consideration. 

{g} "Consolidat e d — application" — means — oh 

application which a par e nt organization has filed 
incorporating into the application th e information 
r e quir e d by — Gr& — 13 1C 7 on — its e lf, — branch e s, 
chapt e rs and affiliates, or an organization, other 
than a f e derat e d fund raising organization, which 
coordinates th e filing of th e r e quir e d application 
for a group of autonomous organizations that hav e 
the same or similar purpos e . 

(f) "Emergency medical service" means an 
organization which provides services pursuant to 
Article 56 of Chapter 143 of the North Carolina 
General Statutes. 

(g) {¥) "Family" means parent, grandparent, 
child, brother, sister, grandchild, spouse, 
son-in-law, daughter-in-law, mother-in-law, 
father-in-law, brother-in-law, sister-in-law, aunts, 
uneles, or cousins, aunt, uncle or cousin. 

{i) "F e d e rat e d — fund raising — organization 

(FFRO)" m e ans a federation of independ e nt chari 
tabl e organizations whioh hav e voluntarily join e d 
tog e th e r, inoluding but not limit e d to a United 



Fund, — United Way, — or Community Chest, fo 



purpo s es of raising and distributing money for am- 
among themselves and where membership docs no< 
confer operating authority — and control of tb 



individual — agencies — upon — the — federated — grouj 
organization. 

(h) {j) "Fiscal year" means the 12 month twelve 
months period which a charitable organization pj 
sponsor uses as its accounting year. 

{i} {£) "Foundation" means an incorporated bod) 
which holds a status with the IRS as a foundatior 
and is authorized to receive financial support from, 
and render financial support to A other persons foi 
charitable purposes. 

(j) fl) "Initial application" means the first appli 
cation filed by a person required to be licensed oi 
or after January 1, 19 8 2. January j^ 1995. 

(k) {») "Instructional unit" means a department 
or school ©f or an educational institution. 

(JQ (a) "IRS" means the U. S. Internal Revenue 
Service. 



fe) — "Parent organization" means that part of a 
charitable organization which assists or advises 



coordinates, supervises, or exercises control ovci 



policy, fund raising, and expenditures for one oi 
more chapters, branches, or affiliates in the state. 



(m) ip) "Purpose of the organization" means th 
program services an organization performs. 
(n) "Rescue squad" means meeting the eligibility 



requirements of N.C. Association of Rescue and 



Emergency Medical Services, Inc. and as defined 
in G.S. 58-87-5. 

(o) fq) "Salaried employee" means a person who 
has a bona fide an employer-employee relation- 
shipr which can be demonstrated by, but not 
limited to, the following: 

(1) The a withholding from the employee's 
salary for income taxes; 

(2) The a withholding from the employee's 
salary for FICA F.I.C.A. taxes; and 

(3) The a granting of employees benefits 
such as insurance and leave time. 

(p) "Solicitor consultant" means a solicitor as 
defined in G.S. 131F-2(19) except that neither the 
solicitor consultant nor his employees ever re- 
ceives, handles, or controls funds raised for a 
charitable organization or sponsor. 

(q) "Volunteer fire department" means certified 



by the North Carolina Department of Insurance as 
required by G.S. 58-87-1. 

Statutory Authority G.S. 131F-28. 

.0105 CONTESTED CASE HEARING 
PROCEDURES 



1624 



NORTH CAROLINA REGISTER 



January 17, 1995 



9:20 



PROPOSED RULES 



Contented cases arising pursuant to G.S. Chapter 
131C ohall be conducted in accordance with G.S. 
Chapter 150B and 10 NCAC IB .0200 which are 
incorporated by reference under G.S. 150B 1 4 (c). 

Statutory Authority G.S. 131C-12; 150B- 14(c). 

SECTION .0300 - APPLICATION FOR 
LICENSURE 

.0305 PERSONS SUBJECT TO LICENSURE 

(a) Any person subject to licensure under G.S. 
131C 1 or 131C 6 131F-5. 131F-15. or 131F-16 



shall file an application with the d e partment De- 
partment on forms approved by the department 



Department prior to soliciting. 



(b) If the department Department identifies a 
person who has failed to comply with Paragraph 
(a) of this Rule, then the department Department 
shall send, by certified mail, to such person all 
forms relevant to licensure and a notice which 
advises of the person of the unlawful solicitation. 

(c) Upon receipt of an application to solicit 
charitable funds within in North Carolina, the 
deportment Department shall examine each form, 



document, report, statement, or other all submitted 
information. The department Department shall 
retain the right to investigate any application to 
assure a that true and full disclosure has been 
made. 

(d) At least 65 days prior to the expiration of a 
license, the department shall send each licensee a 



termination notice with forms for s ubmitting a 



renewal application. Any license issued to a 
charitable organization or a sponsor shall indicate 



the type of organization as defined by the IRS 
through its various exempt determination codes as 



follows: 



in 
m 

£3} 

{4} 
(5} 
{6} 

ffi 
m 

m 



501(c)(1) - Congressional organization 
or federal credit union 
501(c)(3) z Charitable organization 
501(c)(4) - Civic organization 
501(c)(5) ^ Labor organization, union 
501(c)(6) - Business league 
501(c)(7) - Social club 
501(c)(8) - Fraternal beneficiary 
501(c)(10) - Domestic fraternal organi- 
zation 



501(c)(19) = Armed forces organiza- 
tion; or, any other designation by the 
IRS. 
(e) A charitable organization or sponsor which 
elects not to file for IRS Tax Exempt Determina- 



tion may be licensed as a "Non Tax Exempt 
Entity" provided it meets all other requirements 



for licensure. In addition, the charitable organiza- 
tion or sponsor shall provide disclosure in its 
solicitations that the charitable organization or 
sponsor is a non tax exempt entity and that dona- 
tions are not tax deductible. 

£fj {d) At least 65 days prior to the expiration of 
a license, the department Department shall send 
each licensee a termination notice with forms for 
submitting a renewal application form . 

(g) Any charitable organization or sponsor 



9:20 



which fails to file the renewal information by the 
due date shall be assessed a late filing fee of 
twenty five dollars ($25.00) for each month or part 
of a month after the due date on which the renewal 
information was due to be filed or after the period 
of extension granted for the filing. 

Statutory Authority G.S. 131F-8; G.S. 131F-28. 

.0306 INCOMPLETE APPLICATION 

An application in which the applicant fails to 
respond to any question or to s ubmit the proper 
fee or any required information, including s treet 
address, shall be incomplete. The department shall 
notify the applicant by regular mail of the incom 
plctcness and allow the applicant 15 days from the 

date of mailing to comply. An applicant, — so 

notified, may request, in writing, an additional 30 
days to furnish the reque s ted information. An 
applicant who fails to respond to any question, to 
provide any required information, or to submit the 
proper fee shall not be licensed. 

Statutory Authority G.S. 131F-28. 

.0307 CHARITABLE ORGANIZATIONS 

An — organization — may — s eparate — its — charitable 
activities from its other activities and report only 
on the charitable activitie s if: 
fB the organizations' — primary — purpose i s 

other than soliciting charitable contribu 

tions; or 
{2) the charitable contribution s solicited by 

the organization constitute 30 p e rcent or 

less of its gross receipts during the prcvi 

ou s fiscal year. 



Statutory Authority G.S. 131C-12. 

.0308 FEDERATED FUND-RAISING 
ORGANIZATIONS 

(a) A FFRO, Unles s unless exempt under G.S. 
131C 5(c) 131F-3 , any Federated Fund Rai s ing 
Organization (FFRO) which solicits for charitable 
purposes, shall file an application which identifies 



NORTH CAROLINA REGISTER 



January 17, 1995 



1625 



PROPOSED RULES 



member agencies of the FFRCX The identification 
of the member agencies shall include the licensure 
status of the member agencies, that arc exempt 
from licensing requircmenta under G.S. — 131C 5 
and — tho s e — which — are — subject — te — licen s ing 
r e quir e m e nta und e r G.S. 13 1C 1 ct. scq. 

(b) If Id e ntification of a member agency is 
exempt from lio e nsing licensure under G.S. 
1 3 1 F-3 , the FFRO r e quir e m e nts shall state includ e 
the name of the exempt member agency, the 
amount allocated by the FFRO to the member 
agency during the previous fiscal year, and the 
reasons why the member agency is exempt, based 
on information submitted by the member agency to 
the FFRO. This information shall be furnished as 
a part of the FFRO's application for a license to 
solicit. 

(c) If Id e ntification of a member agency is 
subject to lio e nsing licensure under the provisions 
of G.S. 131C 1 ct. scq. 131F eL se&. the FFRO 
shall include the name and address of the 
organlzat tefl member agency , the name of the 
executive in charge, the phone number, and the 
amount allocated by the FFRO to the member 
agency during the previous fiscal year. This 
information shall be furnished as a part of the 
FFRO's application for a license to solicit. 

Statutory Authority G.S. 131F-28. 

.0309 ADVERTISING MATERIAL 

A person s hall file as a part of its application all 
advertising material which is sent or given to 
prospective donors; provided that if this number is 
more than five items, then only the five most 
frequently — used — items — m — this — State — shaH — be 
s ubmitted with the application. — A listing of all 
other material shall be included, with a statement 
that a copy of the s e additional items is available in 
the principal office of the organization. 

Statutory Authority G.S. 131C-7; 131C-12. 

.0310 SIMILAR NAMES 

Ne — person — sbaH — use — a — name, — symbol, — er- 
s tatement so closely related to that used by another 
charitable organization or government agency that 
ita use would tend to confuse or mi s lead the 
public. 

Statutory Authority G.S. 131C-12. 

SECTION .0400 - FEES 

.0403 SCHEDULE OF FEES 



fa) Eaeh — person — subject — te — the — licensing 

provisions of G.S. — 13 1C shall pay an annua l 



license fee at the time the application is submitted ^ 



{b) — A charitable organization which raised n e 



more than twenty five thousand dollars ($25,000) 
in total contributions during the previous fisca l 



year and which has no chapters, branchea, ot 
affiliates, or is not filing a consolidated application 
shall pay a fee of twenty five dollars ($25.00). 



(c) A charitable organization which raised more 
than twenty five thousand dollars ($25,000) in total 



contributions in the previous fiscal year but no 
more — than — eae — hundred — thousand — dollars 



($100,000), — has — ne — chapters, — branches, — ef 
affiliates, — and — is — net — filing — a — consolidated 



application shall pay a fee of fifty dollars ($50.00) 



(d) — A charitable organization which raised more 
than one hundred thousand dollars ($100,000) in 



total contributions, — has one or more chapter s , 
branches, or affiliates, or is filing a consolidated 



application shall pay a fee of one hundred dollars 
($100.00). 
fe) A — professional — fund raising — counsel or 



professional — solicitor — shall — pay — a — fee — of one 
hundred dollars ($100.00). 

Statutory Authority G.S. 131C-9; 131C-12. 

.0404 FEE FOR SOME APPLICANTS 

A charitable organization which files an initial 



application and receives less than a full year 



license because of establishing ita license year shall 
pay 50 percent of the appropriate fee. 

Statutory Authority G.S. 131C-9; 131C-12. 

.0405 UNCOLLECTIBLE FEES 

If any applicant remits a fee in the form of a 
check or other instrument which is uncollectible 
from the paying institution, then the department 
Department shall notify the applicant of the 
nonpayment, this by certified mail and permit the 
applicant 15 days to correct the matter. If the 



matter is not corrected within this period, th e 



department — shaH — give — notice — ef- — denial — ef 



revocation in accordance with G.S. 131C 11(b). 
full payment of the fee is not received within .15 
days of the notice, the Department shall proceed 
with denial of the application or revocation of the 
license. 

Statutory Authority G.S. 131F-28. 

SECTION .0500 - ACCOUNTING AND 
MANAGEMENT 



1626 



NORTH CAROLINA REGISTER 



January 17, 1995 



9:20 



PROPOSED RULES 



,0503 FINANCIAL INFORMATION OF 
CHARITABLE ORGANIZATIONS 

(a) A charitable organization shall maintain 
lccordo in accordance with standards, practices, 



and generally accepted accounting principles of 



o ne of the following method s , and as they may be 



modified from time to time by the issuing entity or 



its successor: A charitable organization or sponsor 
shall maintain financial records. 



-Tfee "Audit Guide' 



-4e? the 



organization's particular field published 
by the American Institute of Certified 
Public Accountants; 

{3) The — "Standards — of Accounting — and 

Financial — Reporting — fef — Voluntary 
Health — and — Welfare — Organizations" 
published — by — the — National — Health 
Council, Inc., the National Assembly of 
National Voluntary Health and Social 
Welfare Organizations, — Inc., and the 
United Way of America; or 

(3) The "Accounting — aed — Financial 

Reporting" — published by the — United 
Way of America. 
(b) Any person subject to licen s ure under G.S. 
131C 4 shall — maintain — accurate — fiscal — records 



which shall be retained for a period of at least 



three years after the period of licensing to which 



they relate. Such records s hall report total s upport 
and revenue on a gros s basis and record by 



allocation all expenses which are properly fund 
rai s ing. Any person subject to licensure under 
G.S. 131F-5, 131F-15 and 131F-16 shall maintain 
accurate financial records. The financial records 



shall include total support and revenue on a gross 



basis and an itemization of all actual fund-raising 
expenses. Financial records shall be retained for 



a period of at least three years after the license 
period to which they relate. 

(c) A copy of the IRS Form 990 and the 
following additional information shaH be 



acceptable — as — the — equivalent — of the — financial 



statement required in G.S. 13 1C 7(a)(6): A 
charitable organization or a sponsor who plans no 
solicitation of contributions in the State upon the 
expiration of its license shall file, with the 



Department, a financial report within 90 days of 
the expiration date of the license. 

(±) a functional expense statement; 

{3) ea — independent — public — accountant's 

report (opinion); and 

{3} notes from the audit report. 

(d) A charitable organization which plans no 
oolicitation of contributions in the State upon the 



expiration — of its — current — license — sfcaH — fite — a 
financial report within 90 days of the expiration 
date — of the — current — license. The charitable 
organization or sponsor's assets shall not be 
commingled with those of any other person. 

Statutory Authority G.S. 131F-18; G.S. 131F-28. 



.0504 ACCOUNTING BY SOLICITORS 

(a) — Within 20 days from the conclusion of the 
particular solicitations for which he has been 
retained, a professional solicitor shall provide to 
the — department — an — accounting — ef- — aH — monies 
received, pledg e d, and disbur s ed. — The accounting 
s hall be on a form prescribed by the department. 

{b) — The profe ss ional solicitor shall employ and 
en s ure accounting controls on all contributions 
received from solicitations. 

{e} The profe ss ional s olicitor s hall maintain 

accurate fi s cal records and retain them for a period 
of at lea s t three year s after the period of licensing 
to which they relate. 

Within 90 days from the conclusion of a 
solicitation for which a solicitor has been retained, 
the solicitor shall provide to the Department an 
accounting of all monies received, pledged, and 
disbursed. The accounting shall be on a form 
prescribed by the Department. Solicitor's expense 
information is required and may be accompanied 
by a statement from a certified public accountant 
verifying its accuracy. The accounting will be 
labeled as "verified" or "unverified" and will be 
available for inspection in the Charitable 
Solicitation Licensing Office. 



Statutory Authority G.S. 131F-28. 



.0505 



CHARITABLE SALES PROMOTION 
- COVERTURE 



vhich — he 



Any — chan table — organization — which — has — a 
charitable sales promotion sponsored on its behalf 
shall — be — re s ponsible — fer — obtaining — from — the 
for profit entity the following: 

fB prior to the organization's entering into 

an agreement with the for profit entity, 
projected amounts for gro ss sales, for the 
unit — sales — ef — similar — basi s , — fef — the 
charitable organization's share per unit, 
and for the charitable organizations' total 
dollar s hare; 

{¥) after the promotion, a true accounting to 

include, at a minimum, those items stated 

in (1) of this Rule. The charitable 

organization shall furnish a copy of this 
accounting to the department before its 



9:20 



NORTH CAROLINA REGISTER 



January 17, 1995 



1627 



PROPOSED RULES 



current license expires. — The accounting 
may be incorporated as a part of ita 
financial s tatement but shall include the 
basis — fef — d e termin ing — the — charitable 
organization's share of the proceeds. 

(a) Prior to a charitable sales promotion or 
coverture by a charitable organization or sponsor, 
the charitable organization or sponsor shall obtain 
the following: 

(1) A license as required under G.S. 
131F-5, unless exempt from licensure 
under G.S. 131F-3; and 

(2) An agreement with the sales promotions 
or coventurer which shall include the 
projected amounts of gross sales, the 
projected sales for each vending unit, 
the charitable organization or sponsor's 
share per unit, and the charitable 
organization or sponsor's projected total 
dollar share. 

(b) Upon the conclusion of the charitable sales 
promotion or coverture, the charitable organization 
or sponsor shall provide to the Department an 
accounting of the items set forth in Subparagraph 
(a)(2) of this Rule. In lieu of a separate 
accounting to the Department, the charitable 
organization or sponsor may incorporate the 
accounting into the financial report filed pursuant 
to Rule .0503 fb) of this Section. 

Statutory Authority G.S. 131F-18; G.S. 131F-28. 

.0506 SIMPLIFIED REPORTING FOR 
CERTAIN ORGANIZATIONS 

(a) A charitable organization which has total 
support and revenue for the preceding fiscal year 
of on e hundred thousand dollars ($100,000) or less 
may elect to file as ita financial s tatement in one of 
the following methods: A charitable organization 
or sponsor which has total support and revenue for 
the preceding fiscal year of less than one hundred 
thousand dollars ($100,000) may elect to file its 



financial statement as required by G.S. 131F-6(8) 
or 131F-6(9). A financial statement filed pursuant 
to GJ^ 131F-6(8) shall be signed by three 
members of the audit or finance committee. 



w- 



-ef- 



-a — copy — et — a — financial — s tatement — as 
required by G.S. 131C 7(a)(6); 

(3) a copy of a financial s tatement meeting 

the requirements of Rule .0503(c) of 
this Section; 

{3-) a copy of a review performed by an 

independent public accountant 

accompanied by a s tatement s igned by 
three — members — of the organizati on^ 



audit or finance committee that to the 
best of knowledge the financial records 
arc true and correct; or 

{4) a copy of IRS Form 990 accompanied 

by a statement s igned by three members 
of the organization's audit or finance 
committee that to the best of knowledge 
the — financial — records — afe — tfue — and 



correct. 



(b) No report filed under Paragraph (a) of thi s 
Rule shall be in less detail than the report that was 



furnished to the governing board of the charitable 



organization. A charitable organization or sponsor 
which has total su pport and revenue for the 
preceding fiscal year of one hundred thousand 



dollars ($100,000) but less than two hundred fifty 
thousand dollars ($250,000) shall provide a copy 
of a compilation performed and signed by an 
independent public accountant and a copy of the 
IRS Form 990. 
(c) A charitable organization which seeks a 



license to solicit and has not completed a fiscal 
year shall not be required to furnish a financial 



statement if: A charitable organization or sponsor 
which has total support and revenue for the 
preceding fiscal year of two hundred fifty thousand 



dollars ($250,000) or more shall provide an audit 



by a certified public accountant and a copy of IRS 
Form 990. 

{+) the organization has no financial hi s tory 

prior to the beginning of solicitation; 

the amount solicited is one hundred 



<&- 



m- 



<4f 



thou s and dollars ($100,000) or less; 
the organization i s newly formed; o f 
an application is made prior to the onset 
of solicitations. 



Statutory Authority G.S. 131F-28. 

.0507 MANAGEMENT OF THE 

CHARITABLE ORGANIZATION 



{a) — Each charitable organization shall have a 
governing board. 



fb) — The governing board of every charitabl e 



organizat ion — licensed — under — these — Regulations 
sfeatir 



{\) be comprised of at least three members, 

no more than one third of which are 

family members; 
(3) hold at least one meeting during each of 

the organization's fiscal year s ; 
0) record — and — maintain — minutes — of its 

meetings, — including the name of all 

members present. 
(c) The compensation, including reimbursement 



1628 



NORTH CAROLINA REGISTER 



January 17, 1995 



9:20 



h expenses, of officers, cmploycca, members of 
tc governing board, or contractual provider s shall 



itnpcnaation io rea s onable, the department shall 
onsidcr the slcill, expertise, time expended, and 



PROPOSED RULES 



e — reasonable. 



4fl — determining — whether 



i c compensation for other s imilar po s ition s in the 
rganization'o field. 



(d) The charitable organization's assets shall not 
e commingled with those of any other person. 



tatutory Authority G.S. 131C-12. 

SECTION .0600 - LICENSING 

3605 REQUIREMENTS TO BE LICENSED 
AS A CHARITABLE ORGANIZATION 



The department s hall review for licensure any 
haritablc organization which has submitted an 



pplication containing all information found in 
j.S. 131C 7 and the following additional reports 
nd items: 



{1} a completed financial summary page; 

{2) the — financial — information — required — by 



cither G.S. 131C 7(a)(6) or Rule .0503(c) 
of this Subchapter or by Rule .0506(a) of 
thi s Subchapter; 



{3} a completed payment of license fee form 

and appropriate fee; 

a completed checklist of needed reports; 



&- 
©- 






a copy of all contracts or agreements 
between professional fund raising counsel 
and professional solicitors; 
a s chedule for fund raising special events; 



(9)- 



>r a professional solicitor if such person has 



l ubmitted an application containing all — of the 



a schedule for contributions and grants; 
a schedule for professional fund raisers; 

a schedule of joint costs of multipurpose 
activities involving fund raising. 



tatutory Authority G.S. 131C-12. 

0606 REQUIREMENTS LICENSED 

PROFESSIONAL FUND-RAISING 
COUNSEL 

The department shall review for licen s ure any 



>erson to act as a professional fund raising counsel 



"ollowing reports and item s : 
(1} the information required by G.S. 131C 8; 



m- 



-&e — informati on — required — m — GrSr 

131C 7(a)(1), 131C 7(a)(2), 

131C 7(a)(7), 

131C 7(a)(10), 

13 IC 7(a)(13), 



13 IC 7(a)(3), 
131C 7(a)(9), 
13 IC 7(a)(12), 



131C 7(a)(1 4 ), and 131C 7(a)(16); 
{3) the place and date the person wa s legally 

established; 

{4) the form of the organization; 

(5) the name and addre ss of any per s on who 

is in charge of solicitation s ; 
{6j the name and address — of any — person 

having custody of solicited contributions; 
(7) a copy of all contracts or agreements 

between — th« — professional — fund rai s ing 

counsel — er — professional — s olicitor — and 

charitable — organizations — fef — which — an 

activity is to be performed; 
f8) a completed payment of license fee form 

with the appropriate fee as required by 

Rule .0 4 03 of this Subchapter; 
(9) a completed checklist of needed reports; 

ClSGI 

fl©) a licen s e and permit bond as required by 

G.S. 131C 10. 



Statutory Authority G.S. 131C-12. 

.0607 LICENSE YEAR 

(a) A license year for a charitable organization 
or sponsor shall begin on the 15th day of the fifth 
month after the end of the fiscal year. Upon 
reque s t, the department The Department may grant 
a different license year upon receipt of written 
notification of fiscal year change . 

(b) If written request for the extension with 
justification for the untimely filing of a renewal 
application is submitted prior to the expiration 
date, then the department may grant an extensi on 
of a license for a charitable organization up to 60 
days. — Any extension granted s hall not change the 
license year of the licensee. A license may be 
issued to any charitable organization or sponsor for 
less than a year when the charitable organization 
or sponsor files an application for licensure after 
the 15th of the fifth month of the end of the 
charitable organization or s ponsor's fiscal year. 

{e} — A licen s e may be issued to any charitable 
organization for less than a year if one of the 
following applies: 

{4j e s tabli s hing the organization' s licen se 

yeaf — in accordance — with — (e) — of this 
Ruler 



m- 



m- 



granting — a — licen s e — te — a — charitable 

organization following an extension for 

filing in accordance with (b) of thi s 

Rule; and 

licensing any person who has — been 

delinquent — m — thetf — filing — of- — an 

application. 



9:20 



NORTH CAROLINA REGISTER 



January 17, 1995 



1629 



PROPOSED RULES 



(d) A license year for a professional fund raising 
coun s el — ef — a — professional — solicitor — shall — be 
established by the date on which a license was 
initially issued. — The same license year is to be 
maintained as long as such person act s as a 
profes s ional fund raising counsel or profe ss ional 
solicitor. 

(o) Any person lic e ns e d und e r G.S. 10 8 78.1 ct. 
seq. shall not be required to file an initial license 
under G.S. 13 1C 1 ct. seq. until th e e xpiration 
dat e of suoh — licens e issu e d pursuant to — GtSt 
108 78.1 ct. seq. 

Statutory Authority G.S. 131F-28. 

.0608 NONTRANSFERABILITY OF 
LICENSE 

(a) The license issued to any person subject to 
G.S. 13 1C 1 ct. seq. 131F eL_ se&_ shall not be 



transferable,, to any oth e r p e rson. — In th e cas e of a 
nam e ohang e of the licensed person, a now lic e ns e 
will b e issu e d without cost und e r the new nam e 
upon submission of docum e ntation of th e name 
chang e . 

(b) Upon receipt of documentation of a name 
change of a licensed person, the Department shall 
issue, without cost to the licensee. 



(c) Upon request, any charitable organization or 
sponsor licensed under the provisions of G.S. 
1 3 1 F et. seq. will be provided an additional copy 
of its license free of charge. 

Statutory Authority G.S. 131F-28. 

.0609 ADDITIONAL COPIES OF LICENSES 

Upon request any parent organization licen s ed 
under the provisions of G.S. 13 1C 1 et. seq. will 
b e provid e d one additional copy of its licens e fr ee 
of charge. 

Statutory Authority G.S. 131C-12. 

.0610 LICENSE DENIAL OR REVOCATION 

Any p e rson subj e ct to — lic e nsur e under G.S. 
13 1C 1 ct. seq. , who violates any of the prohibited 
acts of G.S. — 131C 17 or the rules of this 
Subchapter, shall be notified by the department of 
its intent to deny or revoke a license in accordance 
with G.S. 131C 11(b). 

Statutory Authority G.S. 131C-11; 131C-12. 

SECTION .0700 - SOLICITATION AND 
DISCLOSURE 



.0705 SOLICITATION VIOLATIONS AND 
REQUIREMENTS 

(a) Any person, subject to liccnouro under G.S : 



131C 1 ct. seq. who promis e s in a solicitation to 



produoo an e v e nt, publication, item for oalo, of 



program and is unabl e to do so or has not done s e 



within 60 days following th e sohedul e d date shall 



mak e an offer of a refund for any ben e fits or 
s e rvices not rendered. Any person, subject to 
licensure under G.S. 131F et. seq., who promises 



to produce an event and fails to do so or has not 
produced the event within 60 days following the 
scheduled event shall offer of a full refund to the 
purchaser. 
(b) Any person subject to licensure under G.S. 



13 1C 1 et. seq. shall avoid all aots in solicitations 



and promised ben e fits that would cause any other 
person to suffer actual damag e s du e to th e unau 
thorizod acts by th e subj e ct p e rsons. Any person, 
subject to licensure under G.S. 131F et. seq. who 
offers a publication or item for sale who has not 
produced the publication or item for sale within 60 
days of the promised delivery date shall offer of a 
full refund to the purchaser. 
(c) A charitable organization shall issue to each 



unpaid volunteer solicitor or salaried employee 
who s olicits on its behalf a printed authorization or 



other identification and shall instruct that it be 



shown in all solicitations by such solicitor or 
employee. Any person subject to licensure under 
G.S. 131F et. seq^ shall avoid all acts in solicita- 



tions that would cause any person to suffer actual 
damages. 
(d) A professional solicitor shall disclose at th e 



tim e of solicitations that p e rsons ar e b e ing com 
pensated for fundroioing. A charitable organiza- 
tion or sponsor shall issue to each unpaid volunteer 
solicitor or salaried employee a printed authoriza- 
tion or other identification and shall instruct that it 
shown in all solicitations by such solicitor or 
employee. 
(e) If a professional solicitor states that tickets 



sold will be used by persons other than the pur 



chas e r, the solioitor mu s t hav e written authoriza 
tion from the groups which will receive the tickets 



that inolud e s th e numb e r of tick e ts to bo aooopted. 



If this m e thod is used, th e sp e oifio organizations 
which will r e ceiv e th e tickets must bo named in th e 
solicitation. When a solicitor or solicitor counsel 
sells tickets to an event where the seats are specifi- 
cally identified, the solicitor or solicitor counsel 
shall not sell duplicate tickets for the same seat. 

(f) A professional solioitor selling tickets for on 
event by use of a charitable inducement shall not 
se ll duplicat e tick e ts for th e s am e s e at, whore soato 



1630 



NORTH CAROLINA REGISTER 



January 17, 1995 



9:20 



ot sell tickets in excess of 10% of the seating 
apacity for the event. 



aancc by 25 percent or by 10 percent in the 



ir solicitor counsel has sold tickets an event and 
ie purchaser cannot be seated at a scheduled 
lerformance of the event, the solicitor or solicitor 



3r a charitably promoted event, shall guarantee 
ic purchaser of a ticket who cannot be seated at 



lie scheduled performance guaranteed seating at 



nothcr performance or a full refund of co s t at the 
l urohascr's option. 



PROPOSED RULES 



m, specifically identified in the charitably promot 
4 event. When a solicitor or solicitor counsel 



ells tickets for an event where the seats are not 
pecifically identified, the solicitor counsel shall 



(g) A professional solicitor selling tickets for an 
vent by use of a charitable inducement s hall not 



vcr s cll the s eating capacity for any one pcrfor 



ggrcgatc for all pcrformanc esr When a solicitor 



ounsel shall offer to the purchaser the option of 



ither guaranteed seating at another performance of 



full refund. 



(h) A professional solicitor, who has sold tickets 



f a charitable organization, shall obtain a signed 
uthorization to solicit from two authorized rcpr e 



entatives of the charitable organization and shall 
how 3uch authorization in each in person solicita 
ion contact. 



'tatutory Authority G.S. 131F-18; G.S. 131F-28. 






* * 



Votice is hereby given in accordance with G.S. 
50B-21.2 that the DHR - Division of Medical 
issistance intends to adopt rules cited as 10 NCAC 
\6M .0301 - .0308. 

I he proposed effective date of this action is May 
, 1995. 

I he public hearing will be conducted at 1:30 
Km. on March 3, 1995 at the North Carolina 
division of Medical Assistance, 1985 Umstead 
>ive, Room 132, Raleigh, NC 27603. 

ixeason for Proposed Action: North Carolina is 
hanging the way it is providing and paying for 
hild mental health and substance abuse services. 
The Carolina Alternatives program is being accom- 
plished under authority of the Social Security Act, 



Section 1915(b) as a waivered programs to imple- 
ment an at-risk, capitated plan. 

(comment Procedures: Written convnents con- 
cerning these adoptions must be submitted by 
March 3, 1995 to: Division of Medical Assistance, 
1985 Umstead Drive, Raleigh, N.C. 27603, ATTN: 
Portia Rochelle, APA Coordinator. Oral com- 
ments may be presented at the hearing. In addi- 
tion, a fiscal impact statement is available upon 
written request from the same address. 

CHAPTER 26 - MEDICAL ASSISTANCE 

SUBCHAPTER 26M - MANAGED CARE 
AND PREPAID PLANS 

SECTION .0300 - MENTAL HEALTH 

MANAGED CARE - CAROLINA 

ALTERNATIVES 



&) — A profe s sional solicitor, soliciting on behalf - — 



0301 PROGRAM DEFINITION 

The Division of Medical Assistance will contract 
with the Division of Mental Health, Developmental 



Disabilities and Substance Abuse Services to 
coordinate and deliver, through Area Mental 
Health Authorities in participating counties, mental 
health and substance abuse services to Medicaid 
recipients ages through 17. This program is 
hereinafter referred to as Carolina Alternatives. 

Statutory Authority as. 108A-25(b); 108A-54; 
108A-55; S. L. 1993, c. 321, s. 222(g). 

.0302 ACCESS TO CARE 

(a) All Medicaid recipients through age J7 in 
participating areas shall enroll in Carolina Alterna- 
tives. 

(b) Carolina Alternatives enrollees are eligible to 
receive all mental health and substance abuse 
services for which all Medicaid eligible children 
under age 21 are eligible. The services they 



receive will be provided or authorized by the Area 
Mental Health Authority which is responsible for 
assuring enrollee access to mental health services 
in the participating areas. The Division of Medi- 
cal Assistance will deny payment for covered 
mental health services not provided or authorized 
through Carolina Alternatives for its enrollees. 

Statutory Authority as. 108A-25(b): 108A-54; 
108A-55; S. L. 1993, c. 321, s. 222(g). 

.0303 PATIENT INFORMING 



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NORTH CAROLINA REGISTER 



January 17, 1995 



1631 



PROPOSED RULES 



Upon enrollment, all Carolina Alternatives 
enrollees will be provided: 

(1) information describing what mental 
health services are available; 

(2) where the services are available; 

(3) how to obtain them: and 

(4) how to appeal an adverse decision by 
Carolina Alternatives. 

Statutory Authority G.S. 108A-25(b); 108A-54; 
108A-55; S. L. 1993, c. 321, s. 222(g). 

.0304 RELATIONSHIP WITH CAROLINA 
ACCESS 

Carolina Alternatives enrollees are eligible to 
receive all health services provided by or through 
Carolina ACCESS providers. Arrangements for 
coordination of care will be instituted to prevent 
duplication in the provision of health services 
covered under the State Plan for Medical Assis- 
tance. 

Statutory Authority G.S. 108A-25(b); 108A-54; 
108A-55; S. L. 1993, c. 321, s. 222(g). 

.0305 RELATIONSHIP WITH EPSDT 
PROGRAM 

Carolina Alternatives enrollees are eligible to 
receive all EPSDT services as defined in the State 
Plan for Medical Assistance and approved by the 
Health Care Financing Administration. 

Statutory Authority G.S. 108A-25(b); 108A-54; 
108A-55; S. L. 1993, c. 321, s. 222(g). 

.0306 RELATIONSHIP WITH 
SUB-CONTRACTORS 

Carolina Alternatives shall establish a community 
based provider network that includes qualified sub- 
contractors in accordance with the State Plan for 
Medical Assistance as approved by the Health 
Care Financing Administration and the contract 
between the Division of Medical Assistance and 
Division of Mental Health, Developmental Disabil- 
ities and Substance Abuse Services. 

Statutory Authority G.S. 108A-25(b); 108A-54; 
108A-55; S. L. 1993, c. 321, s. 222(g). 



.0307 UTILIZATION REVIEW 
REQUIREMENTS 

Carolina Alternatives utilization 



review and 

quality assurance standards require approval of the 
Division of Medical Assistance as defined in the 
State Plan for Medical Assistance and approved by 



the Health Care Financing Administration and the 
contract between the Division of Medical Assis- 



tance and Division of Mental Health, Developmen- 



tal Disabilities and Substance Abuse Services. 

Statutory Authority G.S. 108A-25(b); 108A-54, 
108A-55; S. L. 1993, c. 321, s. 222(g). 

.0308 ENROLLEE AND SUB-CONTRACTOR 
APPEALS AND GRffiVANCES 

Enrollee and contract provider appeals anc 
grievances initiated through Carolina Alternatives 



will be handled by the Area Mental Health Author- 



ities under the Carolina Alternatives Appeals and 
Grievances Procedures as set forth in K) NCAC 
14K .0328 and 10 NCAC 18J .0800. 

Statutory Authority G.S. 108A-25(b); 108A-54; 
108A-55; S. L. 1993, c. 321, s. 222(g). 

TITLE 11 - DEPARTMENT OF 
INSURANCE 

iSotice is hereby given in accordance with G.S. 
150B-21.2 that the N. C. Department of Insurance 
intends to amend rule cited as 11 NCAC 1 .0413. 

1 he proposed effective date of this action is April 
1, 1995. 

Ihe public hearing will be conducted at 10:00 
a.m. on February 6, 1995 at the Dobbs Building, 
430 N. Salisbury Street, 3rd Floor Hearing Room 
Raleigh, NC 27611. 

Reason for Proposed Action: Technical correc- 
tions. 

Comment Procedures: Written comments and 
questions should be directed to Ellen Sprenkel, 530 
N. Salisbury Street, Raleigh, NC 27611, (919) 
733-4529. Oral presentations may be made at the 
public hearing. 

CHAPTER 1 - DEPARTMENTAL 
RULES 

SECTION .0400 - ADMINISTRATIVE 
HEARINGS 

.0413 DEFINITIONS 

The definitions contained in G.S. 150B-2 are 



1632 



NORTH CAROLINA REGISTER 



January 17, 1995 



9:20 



PROPOSED RULES 



icorporated in this Section by reference. In 
Idition to those definitions, the following defini- 
ons apply to this Section: 

(1) "File or filing" means to place or the 
placing of the paper or item to be filed 
into the care and custody of the hearing 
officer, and acceptance thereof by him. 
All documents filed with the hearing 
officer, except exhibits, shall be in dupli- 
cate in letter size 8 1/2" by 11". 

(2) "Hearing officer" means cither the Com 
missioner or Commissioner, a member of 
the Commissioner's staff appointed by 
the Commissioner under G.S. 58-2-55, or 
an administrative law judge assigned 
under G.S. 58-2-55. 

(3) "Party" means the Department, the li- 
censee, or an intervenor who qualifies 
under 11 NCAC 1 .0425. 

(4) "Service or serve" means personal deliv- 
ery or, unless otherwise provided by law 
or rule, delivery by first class United 
States Postal Service mail or a licensed 
overnight express mail service, postage 
prepaid and addressed to the person to be 
served at his or her last known address. 
A certificate of service by the person 
making the service shall be appended to 
every document requiring service under 
this Section. Service by mail or licensed 
overnight express mail is complete upon 
placing the item to be served, enclosed in 
a wrapper addressed to the person to be 
served, in an official depository of the 
United States Postal Service; or postage 
prepaid and wrapped in a wrapper ad- 
dressed to the person to be served, to an 
agent of the overnight express mail ser- 
vice. 



'tatutory Authority G.S. 58-2-40(1); 58-2-50; 
18-2-55; 58-2-70; 150B-38(h). 

Notice is hereby given in accordance with G.S. 
'50B-21.2 that the N.C. Department of Insurance 
ntends to adopt rules cited as 11 NCAC 4 .0321, 
ind.0432- .0435. 

I he proposed effective date of this action is April 
f, 1995. 



1 he public hearing will be conducted at 10:00 
a.m. on February 6, 1995 at the Dobbs Building, 
430 N. Salisbury Street, 3rd Floor Hearing Room, 
Raleigh, NC 27611. 

Keason for Proposed Action: lb improve con- 
sumer knowledge and protection. 

i^sotnment Procedures: Written comments and 
questions should be directed to Bill Stevens, 430 
N. Salisbury Street, Raleigh, NC 27611, (919) 
733-4913. Oral presentations may be made at the 
public hearing. 

CHAPTER 4 - CONSUMER 
SERVICES DIVISION 

SECTION .0300 - LIFE: 
ACCIDENT AND HEALTH 

.0321 ACKNOWLEDGEMENT OF 

EXCLUSIONARY RIDERS AND 
SUBSTANDARD PREMIUM 

Any insurer that issues a life or accident and 
health policy or certificate with exclusionary riders 
or a substandard premium rating must obtain an 
acknowledgment signed by the policy holder or 
certificate holder upon delivery of the policy or 
certificate indicating the holder's acceptance of the 
policy or certificate as issued. A copy of the 
signed acknowledgment must be attached to the 
holder's policy or certificate. 

Statutory Authority G.S. 58-2-40; 58-63-65. 

SECTION .0400 - PROPERTY 
AND LIABILITY 

.0432 REFUND OF EXCESS PREMIUM 
ON SCHEDULED ITEMS 

If an insured has any scheduled item covered by 
a homeowner's or personal inland marine insur- 
ance policy, and that item is replaced for less than 
the scheduled amount of coverage, the insurer 
shall refund the insured the difference in premium 
charged between the scheduled amount of coverage 
and the actual amount of the loss paid by the 
insurer. Any refund shall be computed from the 
date of issuance of the policy or three years, 
whichever is less. 

Statutory Authority G.S. 58-2-40; 58-43-10; 58-63- 
65. 



9:20 



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January 17, 1995 



1633 



PROPOSED RULES 



.0433 USE OF SPECIFIC COMPANY 
NAME EST RESPONSES 

When an insurer makes a written response to an 
inquiry or complaint made by a consumer or the 
Department, the insurer shall identify on its re- 
sponse its mailing address and official corporate 
name, or its mailing address and specific corporate 
name if the insurer is part of a group of compa- 
nies. 

Statutory Authority G.S. 58-2-40; 58-2-190; 58-3- 
50; 58-63-65. 

.0434 INSURANCE COMPANY CONTACT 
PERSONS 

Every insurer shall provide the Department's 
Consumer Services Division with the name, title, 
address, and telephone number, including a toll- 
free number, of a designated person to whom any 
person may send a complaint or inquiry. Every 
insurer shall also provide the Division with the 
company president's name, address, and telephone 
number for the Division's use. Forms will be 
provided by the Division, which shall be complet- 
ed and returned to the Division by every insurer. 
Every insurer shall complete and file with the 
Division a new form within 15 business days after 
any change in the information on the form. 

Statutory Authority G.S. 58-2-40; 58-2-190; 58-63- 
65. 

.0435 REFUND OF AUTO INSURANCE 
PREMIUM ON NEW BUSINESS 

If an insured asks an insurer to cancel a newly 
issued motor vehicle insurance policy on or before 
the premium billing due date, the unearned premi- 
um refund made by the insurer shall be made on a 
pro rata rather than a short rate basis, and the 
refund shall be based on the premium initially 
quoted by the insurer if both of the following 
conditions are met: 

(1) The insured provided the insurer with 
accurate and complete information about 
the driving record of every person to be 
covered under the policy. 

(2) The insurer subsequently calculated the 
premium to be greater than the premium 
initially quoted. 

Statutory Authority G. S. 58-2-40; 58-36-85; 58-63- 
65. 

****************** 



[\otice is hereby given in accordance with G.S. 
150B-21.2 that the N. C. Department of Insurance 
intends to adopt rule cited as 11 NCAC 10 .1404. 

1 he proposed effective date of this action is April 
1, 1995. 

1 he public hearing will be conducted at 10:00 
a.m. on February 6, 1995 at the Dobbs Building, 
430 N. Salisbury Street, 3rd Floor Hearing Room 
Raleigh, NC 27611. 

MVeason for Proposed Action: Clarify intent. 

Lsomment Procedures: Written comments and 
questions should be directed to Charles Swindell 
430 N. Salisbury Street, Raleigh, NC 27611, (919) 
733-3368. Oral presentations may be made at the 
public hearing. 

CHAPTER 10 - PROPERTY AND 
CASUALTY DrVTSION 

SECTION .1400 - NORTH CAROLINA 

INSURANCE UNDERWRITING 

ASSOCIATION 

.1404 WINDSTORM AND HADL 
EXCLUSIONS 

Direct damage caused by windstorm or hail may 
be excluded from coverage only if an insured has 
purchased a separate policy for this peril from the 
North Carolina Insurance Underwriting Associa- 
tion under G.S. 58-45-35(e). 

Statutory Authority G.S. 58-2-40; 58-45-35(e). 
****************** 

fSotice is hereby given in accordance with G.S. 
150B-21.2 that the N.C. Department of Insurance 
intends to amend rules cited as 11 NCAC 12 
.0513, . 1024 and repeal 12 . 1001. 

1 he proposed effective date of this action is April 
1, 1995. 

1 he public hearing will be conducted at 10:00 
a.m. on February 6, 1995 at the Dobbs Building, 
430 N Salisbury Street, 3rd Floor Hearing Room, 



1634 



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January 17, 1995 



9:20 



PROPOSED RULES 



aleigh, NC 27611. 

\eason for Proposed Action: Technical changes. 

omment Procedures: Written comments and 
uestions should be directed to T. N. Shackelford, 
30 N. Salisbury Street, Raleigh, NC 27611, (919) 
'33-5060. Oral presentations may be made at the 
ublic hearing. 

CHAPTER 12 - LIFE AND HEALTH 
DIVISION 

SECTION .0500 - ACCIDENT AND 
HEALTH GENERAL NATURE 



0513 ACCIDENT AND HEALTH: RIDER 
OR ELIMINATION ENDORSEMENT 

All companies writing non-group accid e nt, health 
» hospitalization insurance policies shall print in 
>old type on the face of the each policy a notifica- 
ion that a rider or elimination endorsement has 
>een attached. The This requirement shall b e 



vaivod for does not apply to an individual health 
id e rs rider or elimination endorsement when the 
ipplicant signs the rider or endorsement . 

Statutory Authority G. S. 58-2-40; 58-65-40; 58-65- 
50. 



SECTION .1000 - LONG-TERM 
CARE INSURANCE 

1001 APPLICABILITY AND SCOPE 

Except as oth e rwis e sp e cifically provid e d, this 



S e ction applies to all new and ren e wal polici e s 
d e livered or issu e d for delivery in North Carolina 



on or after Septemb e r 1, 1990. 

Statutory Authority G.S. 58-2-40(1); 58-55-30(a). 

1024 PROHIBITED POLICY PRACTICE 

(a) No insurer may increase the rate or premium 
charged to an insured for a policy because of: 

(1) the increasing age of the insured at ages 
beyond 65; or 

(2) the amount of time the insured has been 
covered under a policy. 

(b) This Rule applies only to policies newly 
issued on and after December L 1994. 



Statutory Authority G.S. 58-2-40(1); 58-55-30(aj. 






$$$$$$$$$$$ 



Notice is hereby given in accordance with G.S. 
150B-21.2 that the N.C. Department of Insurance 
intends to adopt rules cited as 11 NCAC 16 .0601 
- .0607. 

1 he proposed effective date of this action is April 
1. 1995. 

1 he public hearing will be conducted at 10:00 
a.m. on February 6, 1995 at the Dobbs Building, 
430 N. Salisbury Street, 3rd Floor Hearing Room, 
Raleigh, NC 27611. 

MXeason for Proposed Action: Establish standards 
and guidelines for health maintenance organization 
premium and rate filings with the Department of 
Insurance. 

Ls omment Procedures: Written comments and 
questions should be directed to Mike Wells, 430 N. 
Salisbury Street, Raleigh, NC 27611, (919) 733- 
3284. Oral presentations may be made at the 
public hearing. 

CHAPTER 16 - ACTUARIAL 
SERVICES DIVISION 

SECTION .0600 - HEALTH 

MAINTENANCE ORGANIZATION 

FILINGS AND STANDARDS 

.0601 DEFINITIONS 

(a) The definitions contained in G.S. 58-67-5 are 
incorporated in this Section by reference. 

(b) As used in this Section: 

(1) "Adjusted community rating" means a 
rating method that allows an HMO to 
prospectively establish premium rates 
based upon the expected revenue re- 
quirements for individual groups and to 
take into account a group's historical 
utilization, intensity, or cost experience. 

(2) "Capitated" means covered health care 
services are provided by an HMO, 
medical group, or institution based on 
a prepaid fixed amount per enrollee 
regardless of the actual value of those 
services. 

(3) "Community rating" means a general 
method of establishing premiums for 



9:20 



NORTH CAROLINA REGISTER 



January 17, 1995 



1635 



PROPOSED RULES 



14) 



£5} 



m 



m 



m 



m 



(10) 



Oil 



(12) 
(13) 



financing health care in which an indiv- 
idual's rate is based on the actual or 
anticipated average cost of health ser- 
vices used by all HMO members in a 
specific service area. 
"Community rating by class" means a 
modification of community rating 
whereby individual groups can have 
different rates depending on the 
composition by age, gender, numb er of 
family members covered, geographic 
area, or industry, 

"Contingency reserve" means the 
unassigned funds held over and above 
any known or estimated liabilities of an 
HMO for the protection of its enrollees 
against the insolvency of the HMO. 
"Contract type" means a classification 
of members into categories usually 
based on enrolled dependent status, 
such as subscriber only, subscriber with 
one dependent, and subscriber with two 
or more dependents. 
"Credibility rating" means a rating 
method that establishes premium rates 
based upon the assignment of a level of 
credibility to an HMO group's 
historical utilization, intensity, or cost 
experience. 

"Fee-for-service" means payment for 
health care services is made on a 
retrospective basis based on the actual 
value of those services. 
"Full-service HMO" means an HMO 



that provides a comprehensive range of 
medical services, including hospital and 
physician services. 

"HMO expansion request" means all 
materials submitted for the purpose of 
obtaining authority to operate an HMO 
in a new or expanded geographic area 
in this State. 

"HMO model type" means a 
classification that describes the manner 
in which physicians are affiliated with 
the HMO and the contractual and 
payment arrangements with hospitals; 
and includes types such as group, 
network, staff, independent practice 
association, and point-of-service. 
"HMO rate filing" means an initial 
HMO rate filing, an HMO expansion 
request or an HMO rate revision filing. 
"HMO rate revision filing" means all 
materials submitted for the purpose of 



(14) 



(15) 



(16) 



making a revision to an existing sched 

ule of premiums. 

"Incurred loss ratio " means the ratio o 



total medical expenses including thj 
change in claim reserves to total earnec 
premium revenues. 

"Initial HMO rate filing" means al 
materials submitted for the purpose a 
obtaining a certificate of authority tc 
operate an HMO in this State. 
"Qualified actuary" means an individua 



who is an Associate or Fellow of th 
Society of Actuaries or a Member o: 
the American Academy of Actuaries. 
and: 



(Al 



has at least three years of substantive 
experience in the HMO or other 
managed health care field; or 
has comparable experience and is 
acceptable to the Commissioner oj 
Insurance. 
(17) "Single-service HMO" means an HMO 



121 



that undertakes to provide or arrange 



for the delivery of a single or limited 



type of health care service to a defined 
population on a prepaid basis. 

Statutory Authority G.S. 58-67-50(b); 58-67-150. 

.0602 HMO GENERAL FILING 
REQUIREMENTS 

(a) All schedules of premiums for enrollee 



coverage for health care services and amendments 



to schedules of premiums that are filed with the 
Department shall be submitted to and stamped 



received by the Life and Health Division and 
indicate whether the filing \s an original or amend- 



ed filing. All data requirements prescribed by. this 
Section must be submitted within 30 days after the 






date that the filing is stamped received, or the 
filing will be deemed to be disapproved. Subse- 



quent data submissions for rate filings deemed to 
be in non-compliance with this Section shall be 
made directly to the Department's Actuarial 



Services Division within the 30 day period. 
(b) All filings shall be accompanied by: 
(1) A certification by a qualified actuary 



that the premiums applicable to an 
enrollee are not individually determined 



based on the status of his health and 
that such premiums are established in 
accordance with actuarial principles for 



various categories of enrollees and are 
not excessive, inadequate, or unfairly 
discriminatory. 



1636 



NORTH CAROLINA REGISTER 



January 17, 1995 



9:20 



PROPOSED RULES 



(2) Actuarial data supporting the schedule 
of premiums as prescribed by 11 
NCAC 16 .0603, 11 NCAC J6 .0604, 
11 NCAC 16 .0605, 11 NCAC 16 
.0206 and 1 1 NCAC 16 .0207. 



(c) All data and schedules that are required to be 
filed by this Section shall be filed in duplicate. 

Statutory Authority G.S. 58-67-50(b); 58-67-150. 

.0603 HMO RATE FILING DATA 
REQUIREMENTS 

All HMO rate filings shall include the following 
data: 

Identification and a brief description of 
the HMO model type; 
Identification of the enrollee issue basis, 
whether individual or group; 
Identification and a brief description of 
the type of rating methodology, such as 
community rating, community rating by 
class, adjusted community rating, 
credibility rating, or other; 
Identification and listing of all rate 
classification factors, such as age, 
gender, geographic area, industry, group 
size, or effective date; 

description 
of 



01 
13} 



141 



15} 



16} 



m 



£8} 



m 



A brief, summary 
numerical demonstration 
development 



and 

the 

rate. 



of the capitated 
including a listing of sources used; 
A brief, summary description and 
numerical demonstration of the 

of the 
fee-for- 



development of any portion 
premium rate developed for 
service claims, including a listing 



of 



sources used; 

A brief, summary description of the 
claim reserving methodology and the 
incorporation of claim reserves into the 
premium rate; 

A brief, summary description of the 
procedure and assumptions used to 
convert the total per member per month 
cost to the proposed premium rates; 
including assumptions for the distribution 
of community rated contracts by contract 
type, the ratios by tier to the single rate, 
and the average number of members in 
each contract type; 

The projected monthly incurred loss 
ratios for the period of time equal to the 
number of months for which the rates 
will be in effect, plus the number of 
months the rates will be guaranteed: 



(10) The percentage of the p_er member per 
month premium for administrative 
expenses and for surplus. 

Statutory Authority G.S. 58-67-50(b); 58-67-150. 

.0604 INITIAL HMO RATE FILING DATA 
REQUIREMENTS AND STANDARDS 

(a) All initial HMO rate filings shall include, in 
addition to the data required by 11 NCAC 16 
.0603, the following data: 

(1) A comparison of the rates to other 
HMO rates with the same effective date 
in North Carolina for similar benefit 
plans. 

(2) A completed diskette, provided by the 
Actuarial Services Division of the 
Department, containing a three-year 
financial projection that details total 
membership, revenues and expenses, 
and that includes a statement of cash 
flow, a balance sheet, and a statement 
of working capital and net worth. 

(b) All initial HMO rate filings shall use in the 
rate development a total retention loading of: 

(1) no greater than 25.0% of the total 
premium rate for full-service HMO 
products issued on a group basis; 

£2} no greater than 35.0% of the total 
premium rate for single-service HMO 
products issued on a group basis; 

(3) no greater than 35.0% of the total 
premium rate for full-service HMO 
products issued on an individual basis; 

(4) no greater than 45.0% of the total 
premium rate for single-service HMO 
products issued on an individual basis. 

(c) If an HMO uses a total retention loading 
which is less than the maximum limit cited in 
Paragraph (b) of this Rule minus 15.0%, then the 
following supporting documentation shall be 
included in the filing: 

(1) a listing of each of the specific 
components which make up the total 
retention loading expressed as a 
percentage of premium; 

(2) a brief description of the methodology 
employed to obtain each of the 
components which make up the total 
retention loading; 

(3) a brief explanation as to why any of the 
components which make up the total 
retention loading have changed and a 
statement of opinion from an officer of 
the HMO that these changes are 



9:20 



NORTH CAROLINA REGISTER 



January 17, 1995 



1637 



PROPOSED RULES 



permanent in nature; 

(4) a brief, summary description of the 
impact of any special fee negotiations 
or contract arrangements which affect 
the premium rates; identification of 
specific hospitals or physician groups is 
not required; 

(5) a comparison of the rates to other HMO 
rates with similar benefit plans. 

(d) All HMO's must project a positive net 
income after taxes in each of the last 12 months of 
the three year financial projection. 

Statutory Authority G.S. 58-67 -10(d)(1); 58-67- 
50(b); 58-67-150. 

.0605 HMO EXPANSION REQUEST 
DATA REQUIREMENTS 

All HMO expansion requests shall include, in 
addition to the data required by 1 1 NCAC .0603, 
the following data: 

(1) a comparison of the actual financial 
results, including total membership, 
revenues, and expenses, to the projected 
financial results for at least the most 
recent 12-month period; 

(2) a completed diskette, provided by the 
Actuarial Services Division of the 
Department, containing a three-year 
financial projection that details total 
membership, revenues, and expenses, and 
that includes a statement of cash flow, a 
balance sheet, and a statement of working 
capital and net worth for both the 
existing service area and the proposed 
area of expansion. 

Statutory Authority G.S. 58-67-1 0(d)(1); 58-67- 
50(b); 58-67-150. 

.0606 HMO RATE REVISION FILING 
DATA REQUIREMENTS 

All HMO rate revision filings shall include, in 

addition to the data required by 1_[ NCAC 16 

.0603, the following data: 

(1) a brief, summary description of the scope 

and reason for any rate revision, 

including the methodology employed to 

determine the revised rates; 

the number of months the rates will be in 

effect and the number of months the rates 



£21 

£31 

iai 



will be guaranteed; 

the dates and average percentage amounts 
of: 
all prior rate revisions in North 



£b) 



£41 



£5} 



£61 



ai 



£S1 



Carolina during the preceding three 

years, and 

the current rate revision request; 
and quarterly rate increases shall be 
shown in comparison to both the 
immediately preceding quarter and the 
corresponding quarter of the previous 12; 
month period; 

the North Carolina average annual per 
member per month premium revenue 
before and after the rate revision; 
a brief, summary explanation of any 
deviations in actual versus expected 
utilization rates or medical costs that may 
be used to justify a premium rate 
revision; 

identification and a brief, summary 
description of the derivation of any trend 
factor used to project medical expenses; 
a comparison of the actual financial 
results, including total membership- 
revenues, and expenses, to the projected 
financial results for at least the most 
recent 12-month period; 
a completed diskette, provided by the 
Actuarial Services Division of the 
Department, that contains a financial 



projection for the period of time equal to 
the number of months the rates will be in 
effect plus the number of months the 
rates will be guaranteed, that details total 
membership, revenues, and expenses, and 
that includes a statement of cash flow, a 
balance sheet, and a statement of working 
capital and net worth. 

Statutory Authority G.S. 58-67-50(b); 58-67-150. 



.0607 HMO INCURRED LOSS RATIO 
STANDARDS 

(a) Unless otherwise specifically determined by 
the Commissioner of Insurance, the following 
apply to all HMO rate revision filings: 

(1) The application of a requested rate 
increase or decrease shall result in an 
average incurred loss ratio projected for 
North Carolina over the period required 
in 11 NCAC 16 .0606(8) of this Section 
which is not less than: 
£A1 75.0% for full-service HMO products 

issued on a group basis; 
(B) 65.0% for single-service HMO 

products issued on a group basis; 
£C_1 65.0% for full-service HMO products 
issued on an individual basis; 



1638 



NORTH CAROLINA REGISTER 



January 17, 1995 



9:20 



PROPOSED RULES 



(D) 55.0% for single-service HMO 

products issued on an individual 

basis; 

(2) If the average incurred loss ratio 

projected for North Carolina over the 

period required in JJ. NCAC 16 

.0606(8) of this Section, is greater than 

the minimum limit cited in 

Subparagraph (a)(1) of this Rule plus 

15.0%, then the following supporting 

documentation shall be included in the 

filing: 

(A) a listing of each of the specific 
components which make up the total 
retention loading expressed as a 
percentage of premium; 

(B) a brief description of the methodology 
employed to obtain each of the 
components which make up the total 
retention loading; 

(C) a brief explanation as to why any of 
the components which make up the 
total retention loading have changed 
and a statement of opinion from an 
officer of the HMO that these changes 
are permanent in nature; 

(D) a brief, summary description of the 
impact of any special fee negotiations 
or contract arrangements which affect 
the premium rates; identification of 
specific hospitals or physician groups 
is not required; 

(E) a comparison of the rates to other 
HMO rates with similar benefit plans. 

(b) Unless otherwise specifically determined by 
he Commissioner of Insurance, the following 
ipply to all initial HMO rate filings and HMO 
;xpansion requests: 

(1) The average incurred loss ratio project- 
ed for North Carolina over the last 12 
months of the three year financial pro- 
jection period shall be no less than: 
75.0% for full-service HMO products 
issued on a group basis; 
65.0% for single-service HMO prod- 
ucts issued on a group basis; 
65.0% for full-service HMO products 
issued on an individual basis; 
55.0% for single-service HMO prod- 
ucts issued on an individual basis; 
If the average incurred loss ratio pro- 
jected for North Carolina over the last 
12 months of the three year financial 



m 

ID) 



m. 



projection is greater than the minimum 
limit cited in Subparagraph (b)(1) of 



this Rule plus 15.0%, then the follow- 
ing supporting documentation shall be 
included in the filing: 

(A) a listing of each of the specific com- 
ponents which make up the total 
retention loading expressed as a per- 
centage of premium; 

(B) a brief description of the methodology 
employed to obtain each of the com- 
ponents which make up the total 
retention loading; 

(C) a brief explanation as to why any of 
the components which make up the 
total retention loading have changed 
and a statement of opinion from an 
officer of the HMO that these changes 
are permanent in nature; 

(D) a brief, summary description of the 
impact of any special fee negotiations 
or contract arrangements which affect 
the premium rates; identification of 
specific hospitals or physician groups 
is not required; 

(E) a comparison of the rates to other 
HMO rates with similar benefit plans. 

Statutory Authority G.S. 58-67-50(b); 58-67-150. 

TITLE 15A - DEPARTMENT OF 

ENVIRONMENT, HEALTH, AND 

NATURAL RESOURCES 

iSotice is hereby given in accordance with G.S. 
150B-21.2 that the Environmental Management 
Commission intends to amend rules cited as 15A 
NCAC 2D .0104, .0902. .0907. .0910 - .0911, 
.0950, .0952 and .0954. 

1 he proposed effective date of this action is May 
1, 1995. 

1 he public hearing will be conducted at 7:00 
p.m. on February 1, 1995 at the 
Charlotte/Mecklenburg Government Center, 2nd 
Floor - Conference Center, 600 East 4th Street. 
Charlotte, North Carolina. 

MXeason for Proposed Action: 
ISA NCAC 2D .0104 - To place statutory 
requirements for adoptions by reference for 
referenced American Society Testing Materials 
(ASTM) methods into a single rule rather than 



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January 17, 1995 



1639 



PROPOSED RULES 



each individual rule that references ASTM 

methods. 

15A NCAC2D .0902, .0907, .0910, .0911 .0952, 

and .0954 - To change the application submittal 

date and final compliance dates. 

15 A NCAC 2D .0950 - To amend applicable 

interim standards to delete source categories where 

a specific rule has been developed and to define 

di-acetone alcohol as non-photochemically reactive 

to make this Rule consistent with 15A NCAC 2D 

.0518, Miscellaneous Volatile Organic Compound 

Emissions. 

(comment Procedures: All persons interested in 
these matters are invited to attend the public 
hearings. Any person desiring to comment for 
more than three minutes is requested to submit a 
written statement for inclusion in the record of 
proceedings at the public hearing. The hearing 
record will remain open until February 16, 1995, 
to receive additional written statements. 
Comments should be sent to and additional 
information concerning the hearing or the 
proposals may be obtained by contacting: 

Mr. Thomas C. Allen 

Division of Environmental Management 

P. O. Box 29535 

Raleigh, North Carolina 27626-0535 

(919) 733-1489 (phone) 

(919) 733-1812 (fax) 

CHAPTER 2 - ENVIRONMENTAL 
MANAGEMENT 

SUBCHAPTER 2D - AIR POLLUTION 
CONTROL REQUIREMENTS 

SECTION .0100 - DEFINITIONS 
AND REFERENCES 

.0104 INCORPORATION BY REFERENCE 

(a) Anywhere there is a reference to rules 
contained in the Code of Federal Regulations 
(CFR) or to an American Society for Testing 
Materials method (ASTM) in this Subchapter, 
those rules and methods are incorporated by 
reference. 

(b) The Code of Federal Regulations and 
American Society for Testing Materials methods 
incorporated by reference in this Subchapter shall 
automatically include any later amendments thereto 
unless a specific rule specifies otherwise. 

(c) The Code of Federal Regulations may be 



purchased from the Superintendent of Documents 
P.O. Box 371954, Pittsburgh, PA 15250. The 
cost of the referenced documents are as follows: 

(1) 40 CFR Parts 1 to 51: twenty-seven 
dollars ($27.00); 

(2) 40 CFR Part 52: twenty-eight dollars 
($28.00); 

(3) 40 CFR Parts 53 to 60: thirty-one 
dollars ($31.00); 

(4) 40 CFR Parts 61 to 80: fourteen 
dollars ($14.00); 

(5) 40 CFR Parts 260 to 269: twenty-two 
dollars ($22.00); 

These prices are January 1992 prices. 
(d) The American Society for Testing Materials 



methods may be purchased from the Air Quality 
Section, P.O. Box 29535, Raleigh, North Carolina 



27626-0535 at a price of twenty cents ($0.20) per 

page. 

Statutory Authority G.S. 150B-21.6. 

SECTION .0900 - VOLATILE 
ORGANIC COMPOUNDS 

.0902 APPLICABILITY 

(a) Rules .0925, .0926, .0927, .0928, .0932, 
and .0933 of this Section apply statewide, in 
accordance with Rule .0946 of this Section. 

(b) Rule .0953 of this Section applies in 
Davidson, Durham, Forsyth, Gaston, Guilford, 
Mecklenburg, Wake, Dutchville Township in 
Granville County, and that part of Davie County 
bounded by the Yadkin River, Dutchmans Creek, 
North Carolina Highway 801, Fulton Creek and 
back to Yadkin River in accordance with 
provisions set out in that Rule. 

(c) With the exceptions stated in Paragraph (f) 
of this Rule, this Section applies, in accordance 
with Rules .0907 and .0946 of this Section, to all 
sources of volatile organic compounds located in 
an area designated in 40 CFR 81.334 as 
nonattainment for ozone. 

(d) With the exceptions stated in Paragraph (f) 
of this Rule, this Section shall apply, in 
accordance with Rule .0909 of this Section, to all 
sources of volatile organic compounds located in 
any of the following areas and in that area only 
when the Director notices in the North Carolina 
Register that the area is in violation of the ambient 
air quality standard for ozone: 

(1) Charlotte/Gastonia, consisting of 
Mecklenburg and Gaston Counties; 

(2) Greensboro/Winston-Salem/High Point, 
consisting of Davidson, Forsyth, and 



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PROPOSED RULES 



Guilford Counties and that part of 
Davie County bounded by the Yadkin 
River, Dutchmans Creek, North 
Carolina Highway 801, Fulton Creek 
and back to Yadkin River; or 
(3) Raleigh/Durham, consisting of Durham 
and Wake Counties and Dutchville 
Township in Granville County. 
,t least one week before the scheduled publication 
ate of the North Carolina Register containing the 
lirector's notice of violation, the Director shall 
;nd written notification to all permitted facilities 
ithin the area of violation that are or may be 
lbject to the requirements of this Section as a 
:sult of the violation informing them that they are 
r may be subject to the requirements of this 
ection. Violations of the ambient air quality 
tandard for ozone shall be determined in 
xordance with 40 CFR 50.9. 

(e) This Section section shall not apply to 
.cilities in Mecklenburg county whose potential 
missions of volatile organic compounds are less 
lan 100 tons per year or to facilities in Gaston 
:ounty until May 1, 1997 +995. If Mecklenburg 
bounty is designated attainment in 40 CFR 
1.334, all sources in Mecklenburg County subject 
3 a rule in this Section before May 1, 1997 1995 , 
iall continue to comply with all such applicable 

les in this Section. If any county or part of a 
ounty to which the Section applies in accordance 
rith Paragraph (c) of this Rule is later designated 

I 40 CFR 81.334 as attainment for ozone, all 
ources in that county or that part of the county 
ubject to a rule in this Section before the 
sdesignation date shall continue to comply with 

II applicable rules in this Section. 

(f) This Section does not apply to: 

(1) sources whose emissions of volatile 
organic compounds are not more than 
15 pounds per day, except that this 
Section does apply to the manufacture 
and use of cutback asphalt and to 
gasoline service stations or gasoline 
dispensing facilities regardless of levels 
of emissions of volatile organic 
compounds; 

(2) sources used exclusively for chemical 
or physical analysis or determination of 
product quality and commercial 
acceptance provided: 

(A) The operation of the source is not an 
integral part of the production 
process; and 

(B) The emissions from the source do not 
exceed 800 pounds per calendar 



month; and 
(C) The exemption is approved in writing 
by the Director; or 
(3) emissions of volatile organic 
compounds during startup or shutdown 
operations from sources which use 
incineration or other types of 
combustion to control emissions of 
volatile organic compounds whenever 
the off-gas contains an explosive 
mixture during the startup or shutdown 
operation if the exemption is approved 
by the Director, 
(g) Sources whose emissions of volatile organic 
compounds are not subject to limitation under this 
Section may still be subject to emission limits on 
volatile organic compounds in Rule .0524 or .0525 
of this Subchapter. 

Statutory Authority G.S. 143-21 5. 3(a)(1); 143- 
215.107(a)(5). 

.0907 COMPLIANCE SCHEDULES FOR 
SOURCES IN NONATTAINMENT 
AREAS 

(a) With the exceptions in Paragraph (b) of this 
Rule, this Rule applies to all sources covered by 
Paragraph (c) of Rule .0902 of this Section on 
May 1, 1997 +995, that are subject to Rules .0917 
through .0924, .0929 through .0931, .0934 
through .0938, .0943 through .0945, and .0947 
through .0951 of this Section. 

(b) This Rule does not apply to: 

(1) sources in Mecklenburg County to 
which Rules .0917 through .0938 of 
this Section apply and which are located 
at a facility where the total potential 
emissions of volatile organic 
compounds from all stationary sources 
at the facility is 100 tons per year or 
more, or 

(2) sources covered under Rule .0946, 
.0953, or .0954 of this Section. 

(c) The owner or operator of any source subject 
to this Rule who proposes to comply with a rule in 
this Section by installing emission control 
equipment, replacing process equipment, or 
modifying existing process equipment, shall adhere 
to the following increments of progress and 
schedules: 

(1) A permit application and a compliance 
schedule shall be submitted before May 
1, 1997 +995; 

(2) The compliance schedule shall contain 
the following increments of progress: 



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1641 



PROPOSED RULES 



(A) a date by which contracts for the 
emission control system and process 
equipment shall be awarded or orders 
shall be issued for purchase of 
component parts; 

(B) a date by which on-site construction 
or installation of the emission control 
and process equipment shall begin; 
and 

(C) a date by which on-site construction 
or installation of the emission control 
and process equipment shall be 
completed. 

(3) Final compliance shall be achieved by 
May 31, 1999 \99%. 
The owner or operator shall certify to the Director 
within K) ten days after the deadline, for each 
increment of progress, whether the required 
increment of progress has been met. 

(d) The owner or operator of any source subject 
to this Rule who proposes to comply with a rule in 
this Section by using low solvent content coating 
technology shall adhere to the following 
increments of progress and schedules: 

(1) The permit application and a 
compliance schedule shall be submitted 
before May 1. 1997 ±995; 

(2) The compliance schedule shall contain 
the following increments of progress: 

(A) a date by which research and 
development of low solvent content 
coating shall be completed if the 
Director determines that low solvent 
content coating technology has not 
been sufficiently researched and 
developed; 

(B) a date by which evaluation of product 
quality and commercial acceptance 
shall be completed; 

(C) a date by which purchase orders shall 
be issued for low solvent content 
coatings and process modifications; 

(D) a date by which process modifications 
shall be initiated; and 

(E) a date by which process modifications 
shall be completed and use of low 
solvent content coatings shall begin. 

(3) Final compliance shall be achieved by 
May 31, 1999 i99§. 

The owner or operator shall certify to the Director 
within H) ten days after the deadline, for each 
increment of progress, whether the required 
increment of progress has been met. 

(e) The owner or operator of sources subject to 
this Rule shall, if the Director requires a test to 



demonstrate that compliance has been achieved, 
conduct a test and submit a final test report within 
six months after the stated date of final compli- 
ance. 

(f) With such exception as the Director may 
allow, the owner or operator of any source subject 
to this Rule shall continue to comply with 15A 
NCAC 2D .0518 until such time as the source 
complies with applicable rules in this Section or 
until the final compliance date set forth in this 
Rule, whichever comes first. The Director may 
allow the following exceptions: 

(1) testing coating materials; 

(2) making or testing equipment or process 
modifications; or 

(3) adding or testing control devices. 

(g) The owner or operator of any new source of 
volatile organic compounds not in existence or 
under construction as of April 30, 1997 1995 , 
shall comply with all applicable rules in this 
Section upon start-up of the source. 

Statutory Authority G.S. 143-215. 3(a)(1); 143- 
215.68; 143-215. 107(a)(5). 

.0910 ALTERNATIVE COMPLIANCE 
SCHEDULES 

(a) If the Director finds that the application of a 
compliance schedule in Rule .0907 of this Section 
would be technologically or economically infeasi- 
ble for a source, he may promulgate a different 
schedule for that source. 

(b) The owner or operator of a volatile organic 
compound source affected by a rule in this Section 
may submit to the Director a proposed alternative 
compliance schedule if: 

(1) The proposed alternative compliance 
schedule is submitted before May i, 
1997 January 1, 1995 ; 

(2) The final control plans for achieving 
compliance are submitted simultaneous- 

iy; 

(3) The alternative compliance schedule 
contains the same increments of prog- 
ress as the schedule for which it is 
proposed as an alternative; and 

(4) Sufficient documentation and certifica- 
tion from appropriate suppliers, con- 
tractors, manufacturers, or fabricators 
are submitted to justify the dates pro- 
posed for the increments of progress. 

(c) The owner or operator of a volatile organic 
compound source affected by a rule in this Section 
may submit to the Director an alternative compli- 
ance schedule for the phase-out or shut-down of a 



1642 



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January 17, 1995 



9:20 



PROPOSED RULES 



volatile organic compound source, if: 

(1) The proposed alternative compliance 
schedule is submitted before May L, 
1997 January 1, 1995 ; and 

(2) The final control plans for achieving 
compliance with rules of this Section 
are submitted simultaneously. 

(d) All alternative compliance schedules pro- 
posed or promulgated under this Rule shall provide 
for compliance with the applicable rules as expedi- 
tiously as practicable but not later than May 31, 
1999 4995. 

(e) Any schedule approved under this Rule may 
be revoked at any time if the source does not meet 
the increment of progress stipulated. 

(f) When an alternate compliance schedule is 
promulgated under this Rule, the permit shall 
contain a condition stating the compliance sched- 
ule. 

Statutory Authority G.S. 143-215. 3(a)(1); 143- 
215.107(a)(5). 

0911 EXCEPTION FROM COMPLIANCE 
SCHEDULES 

Rule .0907 of this Section will not apply to 
sources that are in compliance with applicable 
rules Rules of this Section before May 1, 1996 



July 1, 199 4, and that have determined and certi- 
fied compliance to the satisfaction of the Director 
before August _L 1996 October 1, 199 4. 

Statutory Authority G.S. 143-215. 3(a)(1); 143- 
215.107(a)(5). 

.0950 INTERIM STANDARDS FOR 

CERTAIN SOURCE CATEGORIES 

(a) This Rule applies to the following types of 
sources: 

(1) tobacco processing, 

(2) textile dyeing, 
0) textile coating, 

bakeries, 



{5) Christmas ornament manufacturing, 

(3) (6) wastewater treatment operations at 
beer brewers, 

(4) (7)fiberglass yacht manufacturing, 

(5) ^soybean processing, 

(6) {9)paint and coating manufacturing, 
£7} (iO)synthetic organic chemical manu- 
facturing industry distillation and reac- 
tors, 

{8} (44)synthetic organic chemical manu- 
facturing industry batch operations, 
(9) f±3)petroleum and industrial wastewater 



treatment plants, 

(10) {+3)wood furniture finishing, 

(1 1) {44)plastic parts coating operations, 

(12) {4-5)web offset lithography, 

(13) {46)autobody refinishing, 

(14) fl^industrial cleanup solvents, 

(15) f^8)aerospace, and 

(16) {49)marine coatings. 

(b) The owner or operator of a source to which 
this Rule applies shall not emit volatile organic 
compounds into the atmosphere in any one day 
from all sources at the plant site at which the 
source is located more than a total of 40 pounds of 
photochemically reactive solvent from any article, 
machine, equipment or other contrivance used for 
employing, applying, evaporating or drying any 
photochemically reactive solvent or substance 
containing such solvent unless the discharge has 
been reduced by at least 85 percent by weight. 
Photochemically reactive solvents include any 
solvent with an aggregate of more than 20 percent 
of its total volume composed of the chemical 
compounds classified in this Paragraph, or which 
exceed any of the following percentage composi- 
tion limitations, referred to the total volume of the 
solvent: 

(1) a combination of hydrocarbons, alco- 
hols, aldehydes, esters, ethers, or 
ketones having an olefinic or cyclo- 
olefinic type of unsaruration except 
pcrchlorocthylcnc — five percent; 

(2) a combination of aromatic hydrocarbons 
with eight or more carbon atoms to the 
molecule except ethylbenzene--eight 
percent; 

(3) a combination of ethylbenzene, ketones 
having branched hydrocarbon structure, 
trichloroethylene, or toluene— 20 
percent. 

Whenever any photochemically reactive solvent, or 
any constituent of any photochemically reactive 
may be classified from its chemical structure into 
more than one of the groups in this Paragraph of 
chemical compounds, it shall be considered as a 
member of the most reactive chemical compound 
group, that is, that group having the least 
allowable percent of the total volume of solvents. 
Diacetone alcohol and perchloroethylene are not 
considered photochemically reactive under this 
Rule. 

Statutory Authority G.S. 143-215. 3(a)(1); 143- 
215.107(a)(5). 

.0952 PETITION FOR ALTERNATIVE 



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NORTH CAROLINA REGISTER 



January 17, 1995 



1643 



PROPOSED RULES 



CONTROLS 

(a) With the exceptions in Paragraph (b) of this 
Rule, this Rule applies to all sources covered by 
Paragraph (c) of Rule .0902 of this Section. 

(b) This Rule does not apply to: 

(1) sources in Mecklenburg County to 
which Rules .0917 through .0938 of 
this Section apply and which are located 
at a facility where the total potential 
emissions of volatile organic 
compounds from all stationary sources 
at the facility is 100 tons per year or 
more; 

(2) sources covered under Rule .0946 of 
this Section; or 

(3) sources covered under Rules Rule 
.0953 or .0954 of this Section. 

(c) If the owner or operator of any source of 
volatile organic compounds subject to the 
requirements of this Section on May J_, 1997 ktiy 
ij — 199 4, can demonstrate that compliance with 
rules in this Section would be technologically or 
economically infeasible, he may petition the 
Director to allow the use of alternative operational 
or equipment controls for the reduction of volatile 
organic compound emissions. Petition shall be 
made for each source to the Director before May 
J^ 1997 January 1, 1995 . The petition can be 
made only for sources in existence or under 
construction on May J_, 1997 June 30, 199 4. 

(d) If the owner or operator of any source of 
volatile organic compounds subject to the 
requirements of this Section because of the 
application of Paragraph (d) of Rule .0902 of this 
Section can demonstrate that compliance with rules 
in this Section would be technologically or 
economically infeasible, he may petition the 
Director to allow the use of alternative operational 
or equipment controls for the reduction of volatile 
organic compound emissions. Petition shall be 
made for each source to the Director within six 
months after the Director notices in the North 
Carolina Register that the area is in violation of 
the ambient air quality standard for ozone. The 
petition can be made only for sources in existence 
or under construction on the date that the Director 
notices in the North Carolina Register that the area 
is in violation of the ambient air quality standard 
for ozone. 

(e) The petition shall contain: 

(1) the name and address of the company 
and the name and telephone number of 
a company officer over whose signature 
the petition is submitted; 

(2) a description of all operations 



conducted at the location to which the 
petition applies and the purpose that the 
volatile organic compound emitting 
equipment serves within the operations; 

(3) reference to the specific operational and 
equipment controls under the rules of 
this Section for which alternative 
operational or equipment controls are 
proposed; 

(4) a detailed description of the proposed 
alternative operational or equipment 
controls, the magnitude of volatile 
organic compound emission reduction 
which will be achieved, and the 
quantity and composition of volatile 
organic compounds which will be 
emitted if the alternative operational or 
equipment controls are instituted; 

(5) a plan, which will be instituted in 
addition to the proposed alternative 
operational or equipment controls, to 
reduce, where technologically and 
economically feasible, volatile organic 
compound emissions from other source 
operations at the facility, further than 
that required under the rules of this 
Section, if these sources exist at the 
facility, such that aggregate volatile 
organic compound emissions from the 
facility will in no case be greater 
through application of the alternative 
control than would be allowed through 
conformance with the rules of this 
Section; 

(6) a schedule for the installation or 
institution of the alternative operational 
or equipment controls in conformance 
with Rule .0907 or .0909 of this 
Section, as applicable; and 

(7) certification that emissions of all other 
air contaminants from the subject 
source are in compliance with all 
applicable local, state and federal laws 
and regulations. 

The petition may include a copy of the permit 
application and need not duplicate information in 
the permit application. 

(f) The Director and the U.S. Environmental 
Protection Agency (EPA) shall approve a petition 
for alternative control if: 

(1) The petition is submitted in accordance 
with Paragraph (e) of this Rule; 

(2) The Director determines that the 
petitioner cannot comply with the rules 
in question because of technological or 



1644 



NORTH CAROLINA REGISTER 



January 17, 1995 



9:20 



PROPOSED RULES 



economical infeasibility; 

(3) All other air contaminant emissions 
from the facility are in compliance 
with, or under a schedule for 
compliance as expeditiously as 
practicable with, all applicable local, 
state, and federal regulations; 

(4) The petition contains a schedule for 
achieving and maintaining reduction of 
volatile organic compound emissions to 
the maximum extent feasible and as 
expeditiously as practicable; and 

(5) A nuisance condition will not result 
from operation of the source as 
proposed in the petition. 

(g) When controls different from those specified 
n the appropriate emission standards in this 
Section are approved by the Director and the EPA, 
he permit shall contain a condition stating such 
controls. 

Statutory Authority G.S. 143-215. 3(a)(1); 143- 
215.107(a)(5). 

0954 STAGE II VAPOR RECOVERY 

(a) Applicability. This Rule applies to the control 
of gasoline vapors at the vehicle fill-pipe during 
refueling operations at a facility. The vapors are 
captured and returned to a vapor-tight underground 
storage tank or are captured and destroyed. These 
systems must be installed at all facilities that 
dispense gasoline to motor vehicles unless 
exempted under Paragraph (b) of this Rule. 

(b) Exemptions. The following gasoline 
dispensing facilities are exempt from this Rule 
based upon the previous two years records: 

(1) any facility which dispenses 10,000 
gallons or less of gasoline during 
calendar month; 

(2) any facility which dispenses 50,000 
gallons or less during calendar month 
and is an independent small business 
marketer of gasoline; 

(3) any facility which dispenses gasoline 
exclusively for refueling marine 
vehicles, aircraft, farm equipment, and 
emergency vehicles; or 

(4) any tanks used exclusively to test the 
fuel dispensing meters. 

Any facility that ever exceeds the exemptions 
given in Subparagraphs (1), (2), (3) or (4) in this 
Paragraph shall be subject to all of the provisions 
of this Rule in accordance with the schedule given 
in Subparagraph (f) of this Rule, and shall remain 
subject to these provisions even if the facility's 



later operation meets the exemption requirements. 

(c) Proof of Eligibility. The burden of proof of 
eligibility for exemption from this Rule is on the 
owner or operator of the facility. Persons seeking 
an exemption from this Rule shall maintain the 
following: 

(1) chronologically arranged bills of lading 
for receipt of gasoline shipments from 
the last three years^ and 

(2) daily inventory of each gasoline type 
for each day of operation or equivalent 
records as required; this shall be 
maintained for the last three years. 

These records shall be furnished to the Director 
upon request. 

(d) Definitions. For the purpose of this Rule, 
the following definitions apply: 

(1) "CARB" means the California Air 
Resources Board. 

(2) "Certified STAGE II Vapor Recovery 
System" means any system certified by 
the California Air Resources Board as 
having a vapor recovery or removal 
efficiency of at least 95 percent by 
weight. 

(3) "Defective equipment" means any 
absence, disconnection, or malfunction 
of a Stage II vapor recovery system 
component which is required by this 
Rule including the following: 

(A) a vapor return line that is crimped, 
flattened or blocked or that has any 
hole or slit that allows vapors to leak 
out; 

(B) a nozzle bellows that has any hole or 
tear large enough to allow a 1/4 inch 
diameter cylindrical rod to pass 
through it or any slit one inch or 
more in length; 

(C) a nozzle face-plate or cone that is torn 
or missing over 25 percent of its 
surface; 

(D) a nozzle with no automatic overfill 
control mechanism or an inoperable 
overfill control mechanism; 

(E) an inoperable or malfunctioning vapor 
processing unit, vacuum generating 
device, pressure or vacuum relief 
valve, vapor check valve or any other 
equipment normally used to dispense 
gasoline, or that is required by this 
Rule; or 

(F) a failure to meet the requirements of 
Paragraph (g) of this Rule. 

(4) "Facility" means any gasoline service 



9:20 



NORTH CAROLINA REGISTER 



January 17, 1995 



1645 



PROPOSED RULES 



station, gasoline dispensing facility, or 
gasoline cargo tanker. 

(5) "ISBM" means independent small busi- 
ness marketer. 

(6) "Independent Small Business Marketer 
of Gasoline" means a facility that quali- 
fies under Section 324 of the Federal 
Clean Air Act. 

(7) "Operator" means any person who 
leases, operates, controls, or supervises 
a facility at which gasoline is 
dispensed. 

(8) "Owner" means any person who has 
legal or equitable title to the gasoline 
storage tank at a facility. 

(9) "Pressure Balanced Stage II System" 
means one which is not vacuum-assist- 
ed. That is, the volume of vapor in the 
automobile's fuel tank displaced by the 
incoming liquid gasoline equals the 
space in the underground tank created 
by the gasoline leaving. 

(10) "Remote Vapor Check Valve" means a 
check valve in the vapor return line but 
not located in the nozzle. 

(11) "Stage II Vapor Recovery" means the 
control of gasoline vapor at the vehicle 
fill-pipe, where the vapors are captured 
and returned to a vapor-tight storage 
tank or are captured and destroyed. 

(12) "Throughput" means the amount of 
gasoline dispensed at a facility during 
any calendar month after June 30, 
1994. 

(e) Stage II Requirements. No person shall 
transfer or permit the transfer of gasoline into the 
fuel tank of any motor vehicle at any applicable 
facility unless: 

(1) the transfer is made using a Certified 
Stage II vapor recovery system that 
meets the requirements of the inspec- 
tions; 

(2) all installed Stage II vapor recovery 
systems use coaxial vapor recovery 
hoses; no dual-hose designs shall be 
used; 

(3) all installed Stage II vapor recovery 
systems used are certified by CARB 
except that the Stage I system need not 
be CARB certified. In addition, no 
Stage II system shall employ a remote 
vapor check valve. Pressure balanced 
Stage II systems may be used; and 

(4) the underground vapor return piping 
satisfies the requirements of Rule .0953 



of this Subchapter. 
In the event that CARB revokes certification of an 
installed system, the owner or operator of the 
facility shall have four years to modify his equip- 
ment to conform with re-certification requirements 
unless modifications involve only the replacement 
of dispenser check valves, hoses, or nozzles or 
appurtenances to these components in which case 
the allowed time period is three months. This time 
period is defined as the period from the day that 
the owner or operator of the facility has been 
officially notified by the Director. 

(f) Compliance Schedule. Affected gasoline 
service station or gasoline dispensing facilities 
shall comply with this Rule as follows: 

(1) if the gasoline service stations or gaso- 
line dispensing facilities are subject to 
the requirements of this Rule in accor- 
dance with Paragraph (c) of Rule .0902 
of this Section, compliance shall be 
achieved no later than: 

(A) May 1, 1998 4996, for facilities 
having any single monthly throughput 
of at least 100,000 gallons per month; 

(B) May 1, 1999 4993, for facilities 
having any single monthly throughput 
of greater than 10,000 gallons but less 
than 100,000 gallons; 

(C) for affected facilities owned by a 
single ISBM: 

(i) May 1 , 1998 4996, for 33 percent 

of affected facilities; 
(ii) May 1 , 1999 499?, for 66 percent 

of the affected facilities; 
(iii) May 1, 2000 4998, for the re- 
mainder of the affected facilities; 
By January 31, J998 49%, the ISBM 
shall provide the Director with a list 
detailing specific scheduling of the 
ISBM station conversion. 

(D) 18 months after the day the owner or 
operator of the facility has been noti- 
fied by the Director that his exemp- 
tion under Paragraph (b) of this Rule 
has been revoked; or 

(E) before beginning operation for islands 

constructed after April 30, 1997 

i nn ' ; 
i j j *) . 

(2) if the gasoline service station or gaso- 
line dispensing facility is subject to the 
requirements of this Rule in accordance 
with Paragraph (d) of Rule .0902 of 
this Section, compliance shall be 
achieved no later than: 

(A) one year from the date that the Direc- 



1646 



NORTH CAROLINA REGISTER 



January 17, 1995 



9:20 



PROPOSED RULES 



tor notices in the North Carolina 
Register that an area is in violation of 
the ambient air quality standard for 
ozone, for facilities having any single 
monthly throughput of at least 
100,000 gallons per month; 

(B) two years from the date that the 
Director notices in the North Carolina 
Register that an area is in violation of 
the ambient air quality standard for 
ozone, for facilities having any single 
monthly throughput of greater than 
10,000 gallons but less than 100,000 
gallons; 

(C) for affected facilities owned by a 
single ISBM: 

(i) one year from the date that the 
Director notices in the North 
Carolina Register that an area is 
in violation of the ambient air 
quality standard for ozone, for 33 
percent of affected facilities; 

(ii) two years from the date that the 
Director notices in the North 
Carolina Register that an area is 
in violation of the ambient air 
quality standard for ozone, for 66 
percent of the affected facilities, 

(iii) three years from the date that the 
Director notices in the North 
Carolina Register that an area is 
in violation of the ambient air 
quality standard for ozone, for the 
remainder of the affected 
facilities; 

(D) 18 months after the day the owner or 
operator of the facility has been 
notified by the Director that his 
exemption under Paragraph (b) of this 
Rule has been revoked; or 

(E) before beginning operation for islands 
constructed after the Director notices 
in the North Carolina Register that an 
area is in violation of the ambient air 
quality standard for ozone. 

(g) Testing Requirements: 

(1) Within 30 days after the commencement 

of operation of the Stage II system and 

every five years thereafter, the owner 

or operator of the facility shall submit 

reports of the following tests as 

described in EPA-450/3-91-022b: 

(A) Bay Area Source Test Procedure ST- 

30, Leak Test Procedure, or San 

Diego Test Procedure TP-91-1, 



Pressure Decay/Leak Test Procedure 
every five years; 

(B) Bay Area Source Test Procedure ST- 
27, Dynamic Back Pressure, or San 
Diego Test Procedure TP-91-2, 
Pressure Drop vs Flow/Liquid 
Blockage Test Procedure every five 
years; and 

(C) Bay Area Source Test Procedure ST- 
37, Liquid Removal Devices every 
five years. 

If the tests have been performed within 
the last two years, the owner or 
operator may submit a copy of those 
tests in lieu of retesting. Testing shall 
be in accordance with Rule .0912 of 
this Section. 

(2) The owner or operator shall perform 
daily testing and inspections as follows: 

(A) daily tests to ensure proper 
functioning of nozzle automatic 
overfill control mechanisms and flow 
prohibiting mechanisms, and 

(B) daily visual inspection of the nozzle 
bellows and face-plate. 

(3) The owner or operator of the facility 
and the test contractor shall report all 
test failures to the Regional Office 
Supervisor within 24 hours of the 
failure. 

(4) The Director may require the owner or 
operator of the facility to perform any 
of the tests in Subparagraph (1) of this 
Paragraph if there are any modifications 
or repairs. 

(5) Where the Air Quality Division 
conducts tests or upon requirement 
from the Director to test the vapor 
control system it shall be without 
compensating the owner or operator of 
the facility for any lost revenues 
incurred due to the testing procedure. 

(h) Operating Instructions and Posting: 
(1) The owner or operator of the facility 
shall post operating instructions for the 
vapor recovery system on the top one- 
third of the front of each gasoline 
dispenser to include the following: 

(A) a clear description of how to correctly 
dispense gasoline with the vapor 
recovery nozzles^ 

(B) a warning that repeated attempts to 
continue dispensing gasoline, after the 
system has indicated that the vehicle 
fuel tank is full (by automatically 



20 



NORTH CAROLINA REGISTER 



January 17, 1995 



1647 



PROPOSED RULES 



shutting off), may result in spillage or 
recirculation of gasoline-?.; 

(C) a telephone number to report 
problems experienced with the vapor 
recovery system to the owner or 
operator of the facilityTi and 

(D) a telephone number to report 
problems experienced with the vapor 
recovery system to the Director. 

(2) The owner or operator shall provide 

written instructions on site as detailed 

in EPA-450/3-91-022b to insure that 

employees of the facility have an 

accurate understanding of the operation 

of the system and, in particular, when 

the system is malfunctioning and 

requires repair. 

(i) Other General Requirements. The owner or 

operator of the facility shall conspicuously post 

"Out of Order" signs on any nozzle associated 

with any aboveground part of the vapor recovery 

system which is defective until the system has been 

properly repaired. 

(j) Record-keeping and Reporting. Owners or 
operators of the facility shall maintain records in 
accordance with Rule .0903 of this Section on 
compliance and testing, 
(k) Referenced document: 
1U EPA-450/3-91-022b, "Technical 
Guidance - Stage II Vapor Recovery 
Systems for Control of Vehicle 
Refueling Emissions at Gasoline 
Dispensing Facilities, Volume II: 
Appendices", November 1991, cited in 
this Rule is hereby incorporated by 
reference and does not include 
subsequent amendments or editions. A 
copy of this document is available for 
inspection at the Regional Offices of the 
North Carolina Department of 
Environment, Health, and Natural 
Resources (addresses are given in Rule 
.0103 of this Subchapter). Copies of 
this document may be obtained through 
the Library Services Office (MD-35), 
U. S. Environmental Protection 
Agency, Research Triangle Park or 
National Technical Information 
Services, 5285 Port Royal Road, 
Springfield VA 22161. The NTIS 
number for this document is PB- 
92132851 and the cost is fifty-two 
dollars ($52.00). 
(2) The American Society for Testing and 
Materials (ASTM) specification and test 



methods cited in this Rule are hereb; 
incorporated by reference including any 
subsequent amendments and editions. A 
copy of the ASTM specification and 
test method can be obtained from the 
Air Quality Section, Division of 
Environmental Management. P.O. Box 
29525, Raleigh. North Carolina 2762^ 
at a price of twenty cents ($0.20) per 
page. 

Statutory Authority G.S. 143-215. 3(a)(1); 143- 
215.107(a); 150B-21. 6. 

****************** 

fSotice is hereby given in accordance with G.S. 
150B-21.2 that the Environment, Health, and 
Natural Resources; Sedimentation Control Com 
mission intends to amend rules cited as 15 A NCAC 
4B .0018 and adopt 4B . 0028. 

1 he proposed effective date of this action is April 
1, 1995. 

1 he public hearing will be conducted at 9:00 
a.m. on February 3, 1995 at the Archdale Build- 
ing, Ground Floor Hearing Room, 512 N. Salis- 
bury Street, Raleigh, N. C. 

lXeason for Proposed Action: 
15A NCAC 4B .0018 - This amendment is neces- 
sary to clarify the appeal rights of an individual 
whose erosion and sedimentation control plan is 
disapproved by the Director of the Division of 
Land Resources under authority G.S. 113A- 
54.1(c). 

15A NCAC 4B .0028 - This new rule is needed to 
clarify the authority of the Sedimentation Control 
Commission to regulate land-disturbing activities 
undertaken by railroad companies. Specifically, 
the Commission must recognize a zone of federal 
preemption within railroad rights-of-way which is 
established by federal law. Outside this zone, the 
Office of the Attorney General has adxised that the 
Commission does have authority to enforce the 
Sedimentation Pollution Control Act of 1973. 

i^omment Procedures: Any person requiring 
information may contact Mr. Craig Deal, Land 
Quality Section, P.O. Box 27687, Raleigh, North 
Carolina 27611, Telephone - (919) 733-4574. 



1648 



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9:20 



PROPOSED RULES 



Vritten comments may be submitted to the above 
ddress no later than February 16, 1995. 

CHAPTER 4 - SEDIMENTATION 
CONTROL 

SUBCHAPTER 4B - EROSION AND 
SEDIMENT CONTROL 



0018 APPROVAL OF PLANS 

(a) Persons conducting land-disturbing activity 
in a tract which covers one or more acres shall 
lie three copies of the erosion and sedimentation 
ontrol plan with the local government having 
urisdiction or with the Commission if no local 
jovernment has jurisdiction, at least 30 days prior 
o beginning such activity and shall keep another 
:opy of the plan on file at the job site. After 
ipproving a plan, if the Commission or local 
jovernment determines, either upon review of such 
Ian or on inspection of the job site, that a signifi- 

:ant risk of accelerated erosion or off-site sedimen- 
ation exists, the Commission or local government 
hall require a revised plan. Pending the prepara- 
ion of the revised plan, work shall cease or shall 
:ontinue under conditions outlined by the appropri- 
ite authority. 

(b) Commission Approval: 

(1) The Commission shall review plans for 
all land-disturbing activity over which 
the Commission has exclusive jurisdic- 
tion by statute and all other 
land-disturbing activity if no local 
government has jurisdiction. 

(2) The Commission shall complete its 
review of any completed plan within 30 
days of receipt and shall notify the 
person submitting the plan in writing 
that it has been: 

(A) approved, 

(B) approved with modification, 

(C) approved with performance 
reservations, or 

(D) disapproved. 

(3) The Commission's disapproval, 
modification, or performance 
reservations of any proposed plan, shall 
entitle the person submitting the plan to 
an administrative hearing in accordance 
with the provisions of G.S. 150B-23. 
(This Section does not modify any other 
rights to a contested case hearing which 
may arise under G.S. 150B-23). 

(4) Subparagraph (b)(3) of this Rule shall 
not apply to the approval or 



modification of plans reviewed by the 
Commission pursuant to G.S. 
113A-61(c). 
(5) Any plan submitted for a land- 
disturbing activity for which an 
environmental document is required by 
the North Carolina Environmental 
Policy Act shall be deemed incomplete 
until a complete environmental 
document is available for review. The 
Commission shall promptly notify the 
person submitting the plan that the 30 
day time limit for review of the plan 
pursuant to Subparagraph (b)(2) of this 
Rule shall not begin until a complete 
environmental document is available for 
review. 

(c) Erosion and sedimentation control plans may 
also be disapproved unless they include an 
authorized statement of financial responsibility and 
ownership. This statement shall be signed by the 
person financially responsible for the 
land-disturbing activity or his attorney in fact. 
The statement shall include the mailing and street 
addresses of the principal place of business of the 
person financially responsible and of the owner of 
the land or their registered agents. 

(d) Local Government Approval: 

(1) Local Governments administering 
erosion and sedimentation control 
programs shall develop and publish 
procedures for approval of plans. Such 
procedures shall respect applicable 
laws, ordinances, and rules, and shall 
contain procedures for appeal consistent 
with the local government's 
organization and operations. 

(2) The secretary shall appoint such 
employee(s) of the Department as he 
deems necessary to consider appeals 
from the local government's final 
disapproval or modification of a plan. 
Within 30 days following receipt of 
notification of the appeal, such 
departmental employee shall complete 
the review and shall notify the local 
government and the person appealing 
the local government's decision that the 
plan should be approved, approved with 
modifications, approved with 
performance reservations, or 
disapproved. 

(3) If either the local government or the 
person submitting the plan disagrees 
with the decision reached by an 



9:20 



NORTH CAROLINA REGISTER 



January 17, 1995 



1649 



PROPOSED RULES 



(el 



employee of the Department then he 
may appeal the decision to the 
Commission by filing notice within 15 
days with the Director of the Division 
of Land Resources. The director shall 
make the proposed erosion control plan 
and the records relating to the local 
government's and departmental 
employees' review, available to an 
appeals review committee consisting of 
three members of the Commission 
appointed by the chairman. Within 10 
days following receipt of the 
notification of appeal, the appeals 
review committee shall notify the local 
government and the person submitting 
the plan of a place and time for 
consideration of the appeal, and shall 
afford both parties an opportunity to 
present written or oral arguments. The 
appeals review committee shall notify 
both parties of its decision concerning 
the approval, disapproval, or 
modification of the proposed plan 
within 30 days following such hearing. 
The applicant's right under G.S. 113A- 



54.1(d) to appeal the Director's disapproval of an 
erosion control plan under G.S. 113A-54,l(c) 
gives rise to a right to a contested case under G.S. 
150B, Article 3^ An applicant desiring to appeal 
the Director's disapproval of an erosion control 
plan shall file with the Office of Administrative 
Hearings a contested case petition under G.S. 
150B, Article 3^ The general time limitation for 
filing a petition, and the commencement of the 
time limitation, shall be as set out in G.S. 150B- 
23(f). Contested cases shall be conducted under 
the procedures of G.S. 150B, Article 3 and appli- 
cable rules of the Office of Administrative Hear- 
ings. The Commission shall make the final deci- 
sion on any contested case under G.S. 150B-36. 

Statutory Authority G.S. 113A-2; 113A-54; 
113A-54.1; U3A-60(a); U3A-61(b); 113A-61(c); 
150B-23; 150B, Article 3. 

.0028 RAILROAD COMPANIES 

(a) Federal Preemption. The Commission 
recognizes that under the Federal Railroad Safety 
Act of 1970 (FRSA), 45 U.S.C. 211, et seq., as 
interpreted by federal administrative rules and 
court decisions, there is a zone of federal 
preeminence where federal law prevails over the 
Sedimentation Pollution Control Act (SPCA) 
within railroad rights-of-way. This zone includes 



within it the area on, under, and immediately 



adjacent to the railroad roadbed. The zone ol 
federal preeminence also encompasses certain 
additional areas within the rights-of-way during 
emergencies and when the FRSA requires the 
railroads to perform repair and maintenance 



activities to protect railway safety and the public 
It is the intent of the Commission to regulate areas 



beyond the zone of federal preeminence where thj 
Commission has jurisdiction under the SPCA. 



ill 



Beyond the zone of federa 
preeminence, the Act applies to land 
disturbing activities, as that term is 
defined in G.S. 113A-52(6), whethei 



£2) 



within or outside of the existing right 
of- way. 

The zone of federal preeminence 
generally extends outward from the 
center of the railroad roadbed out tc 
and including drainage ditches on eithei 



side of the roadbed. 
(3) The area of federal 



preeminence 



temporarily expands to encompass areas 



adjacent to the roadbed within which 
emergency repairs are undertaken 
pursuant to the requirements of the 
FRSA and FRA administrative rules m 
response to a derailment, washout, oi 
other emergency condition which 
requires immediate action to protect 



141 



railroad safety and human life for th> 
duration of the emergency condition. 
The Act and Rules are applied within 
the zone of federal preeminence to 
eliminate a local safety hazard as long 
as the SPCA and Rules are not 
incompatible with federal standards anc 
does not create a burden on interstate 



£5] 



commerce, as provided by 45 U.S.C 

434. 

In areas other than the areas of federa 



£6} 



preeminence described herein, railroac 
companies shall comply with th 
requirements of the Act and Rules, u 
accordance with these Rules. 
The Act and Rules do not apply withii 
the zone of federal preeminence 



however, the Act and Rules do apply to 
erosion and sedimentation pollution 
when it leaves the zone or enters the 
waters of the State of North Carolina, 
(b) Land-Disturbing Activities Undertaken Oi 
the Railroad Right of Way: 

(1) New construction projects. Nev* 
construction projects, including but no 



1650 



NORTH CAROLINA REGISTER 



January 17, 1995 



9:21 



PROPOSED RULES 



121 



limited to construction of new 
roadbeds, railyards, maintenance shops, 
administrative offices and other railroad 
facilities shall be considered a land- 
disturbing activity within the meaning 
of G.S. 113A-52(6) to which both the 
Act and the FRSA are applicable. 
Therefore, in all cases of new 



new (3) 



construction disturbing more than one 
acre, an erosion control plan as 
required by. GJL 113A-57(4) shall be 
filed by railroad companies for 
approval or disapproval by the 
Commission in accordance with G.S. 
113A-54.1. 

Major maintenance and reconstruction 
projects. Major maintenance and 
reconstruction projects outside of the 
zone of federal preeminence, including 
but not limited to, rehabilitation or 
reconstruction of existing roadbeds. 



redesign or reconstruction of drainage 
features, and similar operations 
typically characterized by the use of 
heavy earth-moving equipment such as 
bulldozers, pans, and motor graders 
and by fill flushing, roadbed widening 
and other changes to the existing natu- 
ral cover or topography, that may cause 
or contribute to sedimentation shall be 
considered land-disturbing activities 
within the meaning of G.S. 1 13A-52(6). 
In all cases of major maintenance or 
reconstruction projects disturbing more 
than one acre, an erosion and 
sedimentation control plan outlining 
the erosion and sedimentation control 
measures to be taken to control erosion 
and sedimentation pollution beyond the 
zone of federal preeminence and which 
will prevent sedimentation pollution 
from entering the waters of the State or 
leaving railroad company property shall 
be filed as required by G.S. 113A- 
57(4), for approval or disapproval by 
the Commission in accordance with 
G.S. 113A-54.1. Sedimentation 
pollution from major maintenance or 
construction projects conducted within 
the zone of federal preeminence does 
not come within the regulatory 
jurisdiction of the Commission until the 
sedimentation pollution leaves the 
federal zone of preeminence or enters 
the waters of the State, and the 



Commission then may require erosion 
and sediment control plans to be filed 
and measures and practices to be 
implemented beyond the zone of federal 
preeminence to control or abate 
sedimentation pollution on railroad 
company property- 
Minor maintenance projects. Minor 
maintenance projects outside of the 
zone of federal preeminence, including 
but not limited to ditching, drainage 
repairs, and similar operations typically 
characterized by the use of a Jordan 
spreader, Gradall, or similar 
equipment, that change the natural 
cover or topography and that may cause 
or contribute to sedimentation pollution 
shall be considered land-disturbing 
activities within the meaning of G.S. 
1 13A-52(6). Sedimentation from minor 
maintenance projects conducted within 
the zone of federal preeminence does 
not come within the regulatory juris- 
diction of the Commission until the 
sedimentation pollution leaves the 
federal zone of preeminence or enters 
the waters of the State, and the 
Commission then may require erosion 
and sediment control plans to be filed 
and measures and practices to be 
implemented beyond the zone of federal 
preeminence to control or abate 
sedimentation pollution on railroad 
company pro perty. In aU cases of 
minor maintenance projects, as defined 
herein, which disturb more than one 
acre, expose the surface to accelerated 
erosion and which may either cause or 
contribute to sedimentation pollution 
beyond the zone of federal preeminence 
or which may cause sedimentation 



pollution to enter the waters of the State 

or leave railroad company property, an 

erosion and sedimentation control plan 

shall be filed by the railroad companies 

with the Commission for approval or 

disapproval in accordance with G.S. 

113A-54.1. 

(A) For minor maintenance projects as 

defined in Subparagraph fb)(3) of this 

Rule where the land-disturbing 

activity is less than 300 continuous 

feet in linear length at each location 

where minor maintenance is 

undertaken, a general erosion and 



9:20 



NORTH CAROLINA REGISTER 



January 17, 1995 



1651 



PROPOSED RULES 






sedimentation control plan may be 

filed for approval or disapproval by 

the Commission on an annual basis 

for all such projects undertaken m the 

State by the railroad companies. The 

Commission may enter into such 

agreements or memoranda of 

understanding (MOU) as are 

necessary with the railroad 

companies concerning the 

requirements of any such general 

plan. The general plan shall, at a 

minimum, consist of: 

(i) standard specifications and 

construction details for all erosion 

and sedimentation control 

measures to be used within the 

minor maintenance project; 

(ii) standard seeding or other ground 

cover specifications for the minor 

maintenance project; and 

(iii) locations of spoil disposal areas to 

be used for the minor maintenance 



project. 
(B) For all other 



minor maintenance 



projects as defined in Subparagraph 
(b)(3) of this Rule the erosion and 
sedimentation control plan shall be 
filed by the railroad companies with 
the Commission for approval or 
disapproval for each minor mainte- 
nance project and shall, at a 
minimum, consist of: 
(i) a map showing the relative 
location of the land-disturbing 
activity and the relative location 
of erosion and sedimentation 
control measures to be used at all 
lakes or natural watercourses 
within the project; 
(ii) line drawings representing the 
minor maintenance project to be 
undertaken; 
(iii) standard specifications and 
constructions details for all 
erosion and sedimentation control 
measures to be used within the 
minor maintenance project; and 
(iv) standard seeding or other ground 
cover specifications for the minor 
maintenance project. 
(C) In the event that a minor maintenance 
project outside the zone of federal 
preeminence is undertaken because of 
a citation^ defect or other directive 



141 



issued by the FRA against the railroad 

companies, the land-disturbing 

activity shall be considered an 

emergency repair as provided for in 

Paragraph (c) of this Rule. 

For all minor maintenance projects as 

defined in Subparagraph (b)(3) of this 

Rule occurring within Trout Buffer 

Zones and High Quality Water Zones. 

the Commission reserves the right to 

require additional measures, 



specifications, and construction details, 
as may be necessary to comply with 
G.S. 113A-57(1) and 15A NCAC 4B 
.0024 and 4B .0025, to the extent such 
compliance is compatible with the 
requirements of the FRSA and FRA 
administrative rules. 
(5) For all projects, as defined in 
Subparagraph (b)(3) of this Rule, on a 
site-specific basis, the Commission 



reserves the right to require additional 
plans, specifications, and construction 



details as may be necessary to comply 
with the Act and these Rules, to the 
extent the additional requirements are 
not in conflict with the FRSA and the 
FRA administrative rules. 
(c) Emergency Repairs: 



01 



Railroad companies shall notify the 
Department within 10 days following 
initiation of any emergency repair 
which would constitute a land- 



disturbing activity within the meaning 
of OS. 113A-52(6) and these Rules. 



m 



Emergency repair shall include, but not 
be limited to activities undertaken 
beyond the zone of federal preeminence 
as it existed before the emergency 
condition arose which are undertaken in 
response to derailments, washouts, or 
other emergency conditions requiring 
immediate action pursuant to the 
requirements of the FRSA or FRA 
administrative rules in order to protect 
railroad safety and human life- 
Railroad companies shall install and 
employ temporary sedimentation and 
erosion control devices and practices as 
are necessary to prevent erosion and 
sedimentation pollution beyond the zone 
of federal preeminence, as expanded 
due to the emergency conditions, as 
soon as reasonably possible but in no 
event later than 15 days after the 



1652 



NORTH CAROLINA REGISTER 



January 17, 1995 



9:20 



PROPOSED RULES 



initiation of any land-disturbing activity 
involved with any emergency repair. 
(3) Railroad companies shall file an erosion 
and sedimentation control plan for any 
land-disturbing activity of more than 
one acre beyond the zone of federal 
preeminence as it existed before the 
emergency condition arose in order to 
prevent erosion and sedimentation 
pollution from leaving railroad prop- 
erty. The plan must be filed within 35 
days following cessation of the 
emergency condition or later as 
specified by the Commission, 
(d) After notice from the Commission, pursuant 
o 15A NCAC 4B .0016(b), railroad companies, 
ubiect to the availability of funds and where 



echnically feasible, shall provide ground cover or 



>ther protective measures, structures, or devices 
ufficient to restrain accelerated erosion and 



ontrol off-site sedimentation upon all uncovered 



t reas which: 

(1) are located beyond the zone of federal 
preeminence, 

(2) contribute to sedimentation beyond the 
zone of federal preeminence and ground 
cover or other protective measures, 
structures or devices shall be 
implemented if needed beyond the zone 
of federal preeminence to control or 
abate sedimentation pollution on 
railroad company property, 

(3) existed on February 1^ 1976 (the 
effective date of the original Rules), 

(4) resulted from a land-disturbing activity, 

(5) exceed one acre, and 

(6) are experiencing continued accelerated 
erosion and causing off-site damage 
from sedimentation. 

Statutory Authority 113A-52(6); 113A-54(b); 113A- 
54(c); 113A-54(d)(4); 113A-57(1). 

[\otice is hereby given in accordance with G.S. 
150B-21.2 that the North Carolina Wildlife Re- 
sources Commission intends to amend rules cited 
as ISA NCAC 10H .0801, .0807 and .0808. 

1 he proposed effective date of this action is April 
1, 1995. 



1 he public hearing will be conducted at 10:00 
a.m. on February 1, 1995 at the Archdale Build- 
ing, 512 N. Salisbury Street, 3rd Floor Conference 
Room, Raleigh, NC 27604. 

Keason for Proposed Action: lb set, and revise 
requirements for falconry permits and falconry 
facilities. 

Lsomment Procedures: Interested persons may 
present their views either orally or in writing at 
the hearing. In addition, the record of hearing 
will be open for receipt of written comments from 
January 17, 1995 through February 17, 1995. 
Such written comments must be delivered or mailed 
to the N. C Wildlife Resources Commission, 512 
N. Salisbury Street, Raleigh, N.C. 27604-1188. 

CHAPTER 10 - WILDLIFE 
RESOURCES AND WATER SAFETY 

SUBCHAPTER 10H - REGULATED 
ACTIVITIES 

SECTION .0800 - FALCONRY 

.0801 DEFINITIONS 

In addition to the definitions contained in G.S. 
113-130, and unless the context requires other- 
wise, as used in 15A NCAC 10B .0216 and in this 
Section: 

(1) "Falconry permit" or "permit" means a 
joint federal-state falconry permit, or a 
separate state falconry permit issued by 
this state or by another state meeting 
federal falconry standards and listed in 
Paragraph (k) of 50 C.F.R. 21.29. 

(2) "Falconry license" means the annual 
special purpose falconry license which is 
required by G.S. 11 3-270. 3(b)(5) in 
addition to any other applicable general 
purpose or special purpose license. 

(3) "State" means the State of North Caroli- 
na, except when the context indicates 
reference to another state of the United 
States. 

(4) "Commission" means the North Carolina 
Wildlife Resources Commission. 

(5) "Executive director" means the Executive 
Director of the North Carolina Wildlife 
Resources Commission. When action is 
required by the commission by any provi- 
sion of this Section, such action may be 



9:20 



NORTH CAROLINA REGISTER 



January 17, 1995 



1653 



PROPOSED RULES 



performed by the executive director on 
behalf of the commission. 

(6) "Bred in captivity" or "captive-bred" 
refers to raptors hatched in captivity from 
parents that mated or otherwise trans- 
ferred gametes in captivity. 

(7) "Raptor" means a live migratory bird of 
the Order Falconiformes or the Order 
Strigiformes, other than a bald eagle 
(Haliaeetus leucocephalus) or a golden 
eagle (Aquila chrysaetos). 

Authority G.S. 113-134; 113-270. 3(b)(5); 50 
C.F.R. 21.28; 50 C.F.R. 21.29. 

.0807 CLASSES OF PERMITS 

(a) Apprentice Class. Apprentice class falconry 
permits are subject to the following conditions, 
requirements and limitations: 

(1) The permittee must be at least 14 years 
old 

(2) Regardless of the age of the permittee, 
the apprentice must have a sponsor who 
is a holder of a general or master fal- 
conry permit for the period during 
which the apprentice permit is held, 
The sponsor must be a North Carolina 
resident or must live within 200 miles 
of the apprentice. A sponsor may not 
have more than three apprentices at any 
one time. A sponsor must provide 
written justification to the Commission 
when he decides to drop an apprentice. 
The Commission will notify the appren- 
tice who must obtain another sponsor 
and so advise the Commission within 
90 days. The apprentice's raptors may 
be seized by the Commission and the 
permit revoked if after the 90 day 
period the apprentice fails to obtain 
another sponsor and/or to notify the 
Commission of the same. If after 180 
days, the apprentice fails to obtain 
another sponsor and/or to notify the 
Commission of the same, he shall be 
required to reapply and be reexamined 
prior to the reissuance of his permit. 

(3) The permittee may not possess more 
than one raptor and may not obtain 
more than one raptor for replacement 
during any period of 12 months. 

(4) The permittee may possess only the 
following raptors which must be taken 
from the wild: an American kestrel 
(Falco sparverious), a red-tailed hawk 



(Buteo jamaicensis), or a 
red-shouldered hawk (Buteo lineatus). 

(b) General Class. General class falconry 
permits are subject to the following requirements 
and limitations: 

( 1 ) The permittee must be at least 1 8 years 
old. 

(2) The permittee shall have at least two 
years experience in the practice of 
falconry at the apprentice level or its 
equivalent. The permittee's apprentice 
sponsor must provide written certifica- 
tion of the falconer's skills on forms 
supplied by the Commission. This 
certification must also be approved by 
at least one other general or master 
class falconer by his signature and 
falconry permit number on the form. 

(3) The permittee may not possess more 
than two raptors and may not obtain 
more than two raptors for replacement 
during any period of 12 months. 

(4) The permittee may not take, transport, 
or possess any golden eagle or any 
species listed as endangered or threat- 
ened under the federal regulations, 
except as provided by the federal fal- 
conry regulations. 

(c) Master Class. Master class falconry permits 
are subject to the following conditions and limita- 
tions: 

(1) The permittee must have at least five 
years' experience in the practice of 
falconry at the general class level or its 
equivalent. 

(2) The permittee may not possess more 
than three raptors and may not obtain 
more than two raptors taken from the 
wild for replacement during any period 
of 12 months. 

(3) The permittee may not take, transport, 
or possess any golden eagle for falcon- 
ry purposes unless authorized in writing 
by the U.S. Fish and Wildlife Service. 

(4) The permittee may not take species 
listed as endangered in 50 CFR 17 but 
may transport or possess such species 
in accordance with 50 CFR 17. 

(5) The permittee may not take during any 
period of 12 months, as part of his 
three-bird limitation, more than one 
raptor listed as threatened in 50 CFR 
17 and then only in accordance with 50 
CFR 17. 



1654 



NORTH CAROLINA REGISTER 



January 17, 1995 



9:20 



PROPOSED RULES 



iuthority G.S. 113-134; 11 3-270. 3(b)(5); 50 
ZF.R. 21.29. 

0808 FACILITIES AND EQUIPMENT 

(a) Inspection and Certification. Prior to initial 
ssuance of a North Carolina falconry permit, the 
ipplicant's raptor housing facilities and falconry 
iquipment shall be certified by a representative of 
he Commission as meeting the standards set forth 
n Subsections (b) and (c) of this Rule. 

(b) Housing Facilities. The primary consider- 
ition of raptor housing, whether indoors (mews) or 
>utdoors (weathering area), being protection of the 
•aptor from the environment, predators, and undue 
iisturbance, the applicant shall have holding 
acilities meeting the following standards: 

(1) Standards for Apprentice Class Falcon- 
ry_ Facilities: 
(A) {4-)Indoor Facilities (Mews). Mini- 
mum size of the mew mews shall be 
8x8 feet with access provided by a 
full size door at least 2 x 6.5 feet that 
allows easy access and maintenance. 



mi 



and that shall close automatically or 
be securable inside and outside . 
Chipboard or wafcrboard — must — be 
properly s ealed to prevent formald e- 
hyde toxication. — Interior wall s s hould 
not be painted or stained. Mews 
should be located away from lead 
noises undue disturbance and shade 
should be provided. If more than one 
raptor is to be kept in a mew, they 
s hall — be — tethered — ef — separated — by 
partitions and the area for each bird 
shall be large enough to allow the 
bird to extend its wing s fully. There 
shall be at least one window, protect- 
ed on the inside by vertical bars 
spaced narrower than the width of the 
raptor's body and containing a win- 
dow perch , spaced narrower than the 
width of the bird's body, and a secure 
door that must close automatically . 
The floor of the mew mews shall 
permit easy cleaning and shall be well 
drained. Adequate perches shall be 
provided. The interior of the mews 
shall be free of splinters, protruding 
nails and other obstructions that could 
be injurious to the raptor. Any light- 
ing fixtures shall be shielded or other- 
wise protected. 

{3)Outdoor Facilities (Weathering 
Areas). Weathering areas shall be 



(2) 



fenced and covered with netting or 
wire mesh, or roofed to protect the 
birds raptor from disturbance and 
attack by predators , except that perch 
cs more than six and one half feet 
high need not be covered or roofed . 
Covers or roofs shall not be less than 
seven feet high and s hall have at least 
34 — inches — clearance above highest 
perch . The enclosed area shall be no 
less than 8x8 feet, but large enough 
to insure the bird s raptor cannot strike 
the fence.! cover or roof when flying 
from the perch. The floor of the 
weathering area shall be covered with 
a thick covering layer of natural or 
artificial terf material that allows for 
adequate drainage. Protection from 
excessive sun, wind, and inclement 
weather shall be provided for eaeb 
bifd the raptor . Adequate perches 
shall be provided. The weathering 
area shall also include a jump box, 
A-frame, or similar structure con- 
structed of weatherproof material and 
which will offer the raptor a secure 
perch with adequate head and tail 
clearance . All edges of this structure 
shall be padded with artificial turf or 
similar material. — The interior width 
and the interior height from the bot 
torn to top, s hall be no le s s than 32 
inches for a red tailed hawk, or 1 1/2 
times the length of the bird to be 
accommodated. — The interior perch 
s hall be a minimum of five inches 
high. — Structure s hall be constructed 
of treated materials or painted with a 
non lead ba s e paint. At least two 
perches shall be provided for eaeh 
bifd the raptor . These shall be cov- 
ered with artificial turf, hemp rope, 
or similar material. Secured leash 
shall offer access to all perches and 
bath container yet should not allow 
the raptor to come in contact with the 
fence and be free from entanglement. 
All areas accessible to the raptor shall 
be smooth and free of splinters and 
other obstructions that could be injuri- 
ous to the raptor- 
Standards for General and Master Class 
Falconry Facilities: 
(A) Indoor Facilities (Mews) . The mews 
shall be of a size to allow easy access 



9:20 



NORTH CAROLINA REGISTER 



January 17, 1995 



1655 



PROPOSED RULES 



for caring for the raptors held m the 
facility and shall have a secure door 
that can be easily closed. If more 
than one raptor is to be kept in a 
mews, the raptors shall be tethered or 
separated by partitions and the area 
for each raptor shall be large enough 
to allow the raptor to fully extend its 
wings. There shall be at least one 
window, protected on the inside by 
vertical bars spaced narrower than the 
width of the raptor's body and con- 
taining a window perch. The floor of 
the mews shall permit easy cleaning 
and shall be well drained. Adequate 
perches shall be provided. The interi- 
or of the mews shall be free of splin- 
ters, protruding nails and other ob- 
structions that could be injurious to 
the raptor. Any lighting fixtures shall 
be shielded or otherwise protected. 
(B) Outdoor Facilities ("Weathering Ar- 
eas). Weathering areas shall be 
fenced and covered with netting or 
wire mesh, or roofed to protect the 
raptor's from disturbance and attack 
by predators, except that perches 
more than six and o ne-half feet high 
need not be covered or roofed. The 
enclosed area shall be large enough to 
insure the raptor(s) cannot strike the 
fence when flying from the perch. 
The floor of the weathering area shall 
allow for adequate drainage. Protec- 
tion from excessive sun, wind, and 
inclement weather shall be provided 
for each raptor. Adequate perches 
shall be provided. All areas accessi- 
ble to the raptor shall be smooth and 
free of splinters and other obstructions 
that could be injurious to the raptor. 
(c) Equipment. The following items shall be in 

the possession of the applicant before he can 

obtain a permit: 

(1) At least one pair of Alymeri type (two- 
piece) jesses or similar type constructed 
of pliable high-quality leather or suit- 
able synthetic material^ to be used when 
any raptor i s flown free; (Traditional 
one piece je ss e s may b e used on raptors 
when not being flown.) 

(2) At least one flexible, weather-resistant 
leash and one figure eight type swivel 
of acceptable falconry design; 

(3) At least one suitable bath, 2"-6" deep 



and at least 2 4 " wide wider than thj 
length of the raptor for drinking an< 
bathing for each raptor; 

(4) A reliable scale or balance with percfc 
attached for weighing raptors held an< 
capable of measuring weighing up u. 
five pounds and graduated to incre 
ments of not more than 1/2 ounce or 1: 
grams; 

(5) Outdoor Perches. At least one portabl 
weathering area perch of an acceptabl 
design (block perch , ring perch, or boy 



perch) shall be provided for eacl 
rap to r^ . These include a block, ring o 
bow perch. 

(6) At least one pari of bells of falconr 
design and of appropriate size. 

(d) Maintenance. All facilities and equipmen 
shall be kept at or above the standards contained it 
Subsections Paragraphs (b) and (c) of this Rule a 
all times. 

(e) Transportation and Temporary Holding, 
raptor may be transported or held in temporary 
facilities which shall be provided with an adequat< 
perch and protected from extreme temperature, 
and excessive disturbance for a period not exceed 
ing 30 days. 

Authority G.S. 113-134; 113-270. 3(b)(5); 5C 
C.F.R. 21.29. 

iSotice is hereby given in accordance with G.S. 
150B-21.2 that the North Carolina Wildlife Re 
sources Commission intends to amend rules citec 
as 15 A NCAC 1 OK .0001 and .0002. 

1 he proposed effective date of this action is Apri 
1, 1995. 

1 he public hearing will be conducted at 10:0L 
a.m.on February 13, 1995 at the Archdale Build 
ing. 512 N. Salisbury Street, Raleigh, NC 27604. 

t\eason for Proposed Action: 

15A NCAC 10K .0001 - To clarify hunter safet) 

course requirements. 

15A NCAC 10K .0002 - Eliminate fees for issu 

ance of duplicate certificates. 

i^omment Procedures: Interested persons ma) 



1656 



NORTH CAROLINA REGISTER 



January 17, 1995 



9:21 



PROPOSED RULES 



n. 



■) 



resent their views either orally or in writing at 
he hearing. In addition, the record of hearing 
ill be open for receipt of written comments from 
anuary 17, 1995 through February 17, 1995. 
uch written comments must be delivered or mailed 
the N. C. Wildlife Resources Commission, 512 
I Salisbury Street, Raleigh, N.C. 27604-1188. 

SUBCHAPTER 10K - HUNTER 
SAFETY COURSE 



0001 COURSE REQUIREMENTS 

(a) The hunter safety course shall provide a 
ainimum of ten hours of clas s room instruction. 

(b) Of the ten hours of instruction required by 
■aragraph (a) of this Rule, 60 percent of the time 
hall be devoted to instruction related to the safe 
andling of firearms. The remaining four hours 
hall include instruction on hunter responsibility 
ethics), wildlife conservation and wildlife manage- 
nent, wildlife identification, game care, specialty 
mnting, survival and first aid, water safety, and 
pecial concerns (alcohol and drugs, turkey hunt- 
ng, trapping, all terrain vehicles, hunting dogs). 

(c) The hunter safety course shall be taught 
d ministered by an instructor certified by the 



forth Carolina Wildlife Resources Commission, 
(d) The following requirements must be satisfied 
>y the course participant in order to successfully 
:omplete a hunter safety course and be entitled to 
he issuance of a Certificate of Competency: 

(1) attain the age of 12; 

(2) attend complete all ten hours of the 
instruction; 

(3) score a minimum of 70 percent on the 
final written examination; and 

(4) achieve an appropriate level of compe- 
tency and safety in the handling of 
firearmSi and be able to properly dem- 
onstrate the following tasks: by demon 
stmting to the satisfaction of the in 
structor the following ta s k &t 

(A) Opening the pump, bolt, lever, break 
and semi-automatic action of a fire- 
arm, as applicable, keeping the muz- 
zle pointed in a safe position, and 
ascertain that the firearm is unloaded; 

(B) Identifying the location of the safety 
on each type of firearm action and the 
position in which the safety is acti- 
vate; 

(C) The elbow, trail, cradle, double hand, 
shoulder and sling methods of carry- 
ing a firearm while hunting and the 
appropriate method to be used by 



each of three hunters when walking 
single file and when walking abreast; 

(D) The manner in which a fence is 
crossed both while hunting alone and 
with a companion; 

(E) The manner in which a firearm is 
safely loaded into a vehicle and un- 
loaded from a vehicle. 

Any student who either intentionally or uninten- 
tionally points a firearm at another or at himself 
shall fail the course and must re-enroll at a later 
date. 

Statutory Authority G.S. 113-134; 11 3-270.1 A. 

.0002 ISSUANCE OF CERTIFICATE 
OF COMPETENCY 

(a) Upon the conclusion of a hunter safety 
course, the instructor shall complete a card for 
each participant who successfully completed the 
course in accordance with 15A NCAC 10K .0001 
and forward the card to the North Carolina Wild- 
life Resources Commission for processing. 

(b) Within a reasonable time after receiving the 
completed card referred to in Paragraph (a) of this 
Rule, the Commission shall issue a Certificate of 
Competency to the participant successfully com- 
pleting the course. This certificate shall include: 

(1) a certification number; 

(2) the participant's name, address^ social 
security and date of birth; 

(3) the hunter safety course instructor's 
name; and 

(4) course completion date. 

(c) The Commission shall maintain permanent 
files of all successful participants in hunter safety 
courses who were issued a certificate of competen- 
cy. Duplicate certificates may be obtained from 
the Commission upon payment of two dollars 
($2.00) per copy to cover the cost of duplication . 

Statutory Authority G.S. 113-134; 113-270.1 A. 



9:20 



NORTH CAROLINA REGISTER 



January 17, 1995 



1657 



PROPOSED RULES 



TITLE 19A - DEPARTMENT OF 
TRANSPORTATION 

Notice is hereby given in accordance with G.S. 
150B-21.2 that the North Carolina Department of 
Transportation intends to amend rule cited as 19A 
NCAC4A .0005. 

1 he proposed effective date of this action is June 
1, 1995. 

Instructions on How to Demand a Public Hearing 
(must be requested in writing within 15 days of 
notice): A demand for a public hearing must be 
made in writing and mailed to Emily Lee, N. C 
DOT, P.O. Box 25201, Raleigh, NC 27611. Hie 
demand must be received within 15 days of this 
Notice. 

Reason for Proposed Action: Amendment is 
proposed to correct designation of responsibility 
due to staff reorganization in the Division of 
Highways. 

X^ommenl Procedures: Any interested person may 
submit written comments on the proposed rule by 
mailing the comments to Emily Lee, N. C. DOT, 
P.O. Box 25201, Raleigh, NC 27611, within 30 
days after the proposed rule is published or until 
the date of any public hearing held on the pro- 
posed rule, whichever is longer. 

CHAPTER 4 - SECRETARY OF 
TRANSPORTATION 

SUBCHAPTER 4A - DUTIES AND 
RESPONSIBILITIES 

.0005 BRIDGE WEIGHT LIMITATION 

Any bridge which will not carry the maximum 
permissible statutory load limits, shall have posted 
at each end of the bridge the gross weight limits as 
determined by the State Highway Engin e er — 
Maint e nanc e Administrator or his designee . 

Statutory Authority G.S. 136-72; 143B-350. 

TITLE 21 - OCCUPATIONAL 
LICENSING BOARDS 

CHAPTER 12 - LICENSING 
BOARD FOR GENERAL CONTRACTORS 



ISotice is hereby given in accordance with G.S. 
150B-21.2 that the North Carolina Licensing 
Board for General Contractors intends to amenc 
rules cited as 21 NCAC 12 .0506, .0701; adop 
.0208. 

1 he proposed effective date of this action is Apri 
1, 1995. 

1 he public hearing will be conducted at 10:0( 
a.m. on February 15, 1995 at the Office of th 
North Carolina Licensing Board for Genera* 
Contractors, 3739 National Drive, Suite 225 
Raleigh, North Carolina. 



Ixeason for Proposed Action: 
21 NCAC 12 .0208 - To define the term "under- 
takes to superintend or manage" as used in G.S. 
87-1 to describe a person, firm or corporation 
deemed to be a general contractor. 
21 NCAC 12 .0506 - To change the fee for an 
affidavit as to status of licensure from twelve 
dollars ($12.00) to twenty dollars ($20.00). 
21 NCAC 12 .0701 - To change the notice period 
of the threshold determination of the review com- 
mittee to the party against whom the charges have 
been brought and the party preferring the charges 
from 10 to 20 days following the review 
committee's decision. 

Ksomment Procedures: Persons wishing to present 
oral data, views or arguments on a proposed rule 
or rule change may file a notice with the Board at 
least 10 days prior to the public hearing at which 
the person wishes to speak. Comments should be 
limited to 10 minutes. The Board's address is 
P.O. Box 17187, Raleigh, NC 27619. Written 
submission of comments or argument will be 
accepted up to and including February 16, 1995. 

SECTION .0200 - LICENSING 
REQUIREMENTS 

.0208 CONSTRUCTION MANAGEMENT 

(a) The term "undertakes to superintend or 
manage" as used in G.S. 87-1 to describe a per- 
son, firm or corporation deemed to be a general 



contractor means that the person, firm, or corpora- 



tion is responsible for superintending or managing 



the entire construction project, and either contracts 



directly with subcontractors to perform the con- 
struction for the project or is compensated for 



1658 



NORTH CAROLINA REGISTER 



January 17, 1995 



9:20 



PROPOSED RULES 



i perintending or managing the project based upon 



\B cost of the project or the time taken to com- 
ete the project. Such person, firm, or corpora- 
on must hold a general contracting license in the 
assifications and limitation a pplicable to the 



instruction of the project. 



(b) The term "undertakes to superintend or 
tanage" described in Paragraph (a) of this Rule 



aes not include an architect or engineer licensed 
North Carolina who is supervising the execution 
I design plans for the project owner and who 
oes not contract directly with subcontractors to 
;rform the construction for the project. 



tatutory Authority G.S. 87-1. 

SECTION .0500 - LICENSE 

D506 CHARGE FOR STATUS OF 
LICENSURE AFFIDAVIT 

The Board shall charge persons requesting an 
ffidavit as to status of licensure a fee of twelve 
venty dollars ($12.00) ($20.00) per affidavit. 



he Board may furnish copies of such affidavits 
■ee of charge to governmental entities. 



tatutory Authority G. S. 
50B-19(5)d.. 



87-8; 87-13: 



SECTION .0700 - BOARD 
DISCD7LINARY PROCEDURES 

►701 IMPROPER PRACTICE 

(a) Preferring Charges. Any person who be- 
eves that any licensed general contractor is in 
iolation of the provisions of G.S. 87-11 may 
refer charges against that person or corporation 
y setting forth in writing those charges and 
wearing to their authenticity. The charges are to 
e filed with the Secretary-Treasurer of the Board 
t the Board's address in Rule .0101 of this Chap- 

(b) Preliminary or Threshold Determination. 

(1) A charge, properly filed, is initially 
referred to the review committee. 

(2) The review committee is a committee 
made up of the following individuals: 

(A) one member of the Board, and 

(B) the legal counsel of the Board, and 

(C) the Secretary-Treasurer. 

(3) The review committee is specifically 
delegated the responsibility of determin- 
ing, prior to a full-scale hearing, 
whether or not a charge is unfounded 
or trivial. The decision of the review 



committee is final. 

(4) Once a charge is referred to the review 
committee, a written notice of and 
detailed explanation of the charge is 
forwarded to the person or corporation 
against whom the charge is made and a 
response is requested of the person or 
corporation so charged to show compli- 
ance with all lawful requirements for 
retention of the license. Notice of the 
charge and of the alleged facts or al- 
leged conduct shall be given personally 
or by registered mail, return receipt 
requested. 

(5) If the respondent denies the charge 
brought against him, then, in the sole 
discretion of the review committee, a 
field investigation may be performed by 
an investigator retained by the Board. 

(6) After all preliminary evidence has been 
received by the review committee, it 
makes a threshold determination of the 
charges brought. From the evidence, it 
recommends to the Board that: 

(A) The charge be dismissed as unfounded 
or trivial; 

(B) When the charge is admitted as true 
by the respondent, the Board accept 
the respondent's admission of guilt 
and order the respondent not to com- 
mit in the future the specific act or 
acts admitted by him to have been 
violated and, also, not to violate any 
of the acts of misconduct specified in 
G.S. 87-11 at any time in the future; 
or 

(C) The charge, whether admitted or 
denied, be presented to the full Board 
for a hearing and determination by the 
Board on the merits of the charge in 
accordance with the substantive and 
procedural requirements of the provi- 
sions of Section .0800 of this Chapter 
and the provisions of G.S. 87-1 1. 

(7) Notice of the threshold determination of 
the review committee shall be given to 
the party against whom the charges 
have been brought and the party prefer- 
ring the charge within tee 20 days of 
the review committee's decision. 
Though it i s not forbidden to do so, the 
The review committee is not required to 
notify the parties of the reasons of the 
review committee in making its thresh- 
old determination. 



K20 



NORTH CAROLINA REGISTER 



January 17, 1995 



1659 



PROPOSED RULES 



(c) Board Determination. The Board, in its 
discretion, may choose to hold a hearing on the 
merits of any disputed charge. After a hearing, in 
accordance with the hearing requirements of 
Section .0800 of this Chapter, the Board shall 
make a determination of the charge in light of the 
requirements of G.S. 87-11. 

Statutory Authority G.S. 87-11; 150B-3; 150B-38. 

CHAPTER 42 - BOARD OF 
EXAMINERS IN OPTOMETRY 

l\otice is hereby given in accordance with G.S. 
150B-21.2 that the N.C. Board of Examiners in 
Optometry intends to amend rules cited as 21 
NCAC 42B .0107 and .0110. 

1 he proposed effective date of this action is April 
1, 1995. 

1 he public hearing will be conducted at 9:00 
a.m. on February 8, 1995 at 109 N. Graham 
Street, Wallace, NC 28466. 

MXeason for Proposed Action: To incorporate Part 
III of the national licensing exam for optometry 
into the Board 's existing examination process, and 
to make technical changes to related rules. 

Lsomment Procedures: Persons interested may- 
present written or oral statements relevant to the 
actions proposed at the hearing to be held as 
indicated above. Written statements not presented 
at the hearing should be directed through February 
16, 1995 to the following address: N.C. Board of 
Examiners in Optometry, 109 N. Graham Street, 
Wallace, NC 28466. 

SUBCHAPTER 42B - LICENSE 
TO PRACTICE OPTOMETRY 

SECTION .0100 - LICENSE BY 
EXAMINATION 

.0107 WRITTEN EXAMINATION 

(a) Each applicant must submit evidence of 
having reached the recommended levels of accept- 
able performance on the National Board examina- 
tions given by the National Board of Examiners in 



(2) 



Optometry on or after the April, 1978 administra 
tion in one of the following formats and under th 
following conditions prior to Board approval of hi 
application to take the clinical practicum examina 
tion administered by the Board and shall authorize 
the release of his official score report by ths 
National Board to the Board prior to the approva 
by the Board of his application to take the clinica 
practicum examination. 

(1) April, 1978 through August, 198( 
administrations: passing scores oi 
Parts I, IIA, and IIB, with scores of no 
less than 75 in Section 7 (Pathology 
and Section 9 (Pharmacology) on the 
Part IIB examination, and a score o 
not less than 75 on the National Board' 
Treatment and Management of Oculai 
Disease ("TMOD") examination. 
April, 1987 through August, 1991 
administrations: passing scores on the 
Basic Science examination and Clinica 
Science examination of the Nationa 
Board, with scores of not less than 75 
on the Ocular Disease/Trauma anc 
Clinical Pharmacology sections of th 
Clinical Science examination, and i 
score of not less than 75 on the Nation 
al Board's TMOD examination. 
April, 1993 and thereafter: passing 
scores on Basic Science and Clinical 
Science Examinations of the National 
Board, with a score of not less than 75 
on the Ocular Disease/Trauma compo 
nent within the Clinical Science exami- 
nation, and a score of not less than 75 
on either the TMOD component within 
the Clinical Science examination, or on 
the equivalent stand-alone TMOD 
examination. 
January, 1996 and thereafter: passing 



(3) 



(4) 



scores on Part III (Patient Care) of the 
National Board will be required in 
addition to those examinations as set 
forth in Subparagraph (a)(3) of this 
Rule. Passing scores of at least 75 
shall be submitted by or on behalf of 
each applicant on each of the three 
sections of Part III; to wit, Patient 



Management, Visual Recognition and 
Interpretation of Clinical Signs, and 
Clinical Skills. Further, the applicant 



must submit evidence of having demon 



strated a proficiency equal or equivalent 



to a score of 75 in the following proce 



dures within the Clinical Skills section 



1660 



NORTH CAROLINA REGISTER 



January 17, 1995 



9:20 



PROPOSED RULES 



as described in the National Board's 
Candidate Guide for the Clinical Skills 
section of Part III: General Case Histo- 
ry/Patient Communication; Biomicros- 
copy; Goldman A pplanation Tonome- 
try; Gonioscopv; Pupil Testing; Binocu- 
lar Indirect Ophthalmoscopy; and Fun- 
dus Lens Evaluation. 
(b) For candidates with passing scores on at 
least one National Board examination part under 
different formats and time periods described in 
(a)(1) and (a)(2) of this Rule, the following equiva- 
lences shall apply: 

(1) Parts I and II A are the equivalent of 
Basic Science. 

(2) Part HB is the equivalent of Clinical 
Science without the inclusion of 
TMOD. 

Statutory Authority G.S. 90-117.5; 90-118. 

.0110 PASSING SCORE 

An applicant must attain an average grade of 75 
on each part of the clinical practicum examinations 
to pass the examination and be issued a license. 
No applicant who has received a grade of less than 
60 on any part of the clinical practicum examina- 
tion shall be considered eligible for licensure even 
though his overall clinical practicum score may 
average 75. Each applicant will be notified by the 
Executive Director as to his success or failure after 
the results of the examination have been deter- 
mined by the Board. 

Statutory Authority G.S. 90-117.5; 90-118. 

TITLE 23 - DEPARTMENT OF 
COMMUNITY COLLEGES 

Notice is hereby given in accordance with G.S. 
150B-21.2 that the NC Department of Community 
Colleges intends to amend rules cited as 23 NCAC 
2B .0104 and 2C .0604. 

1 he proposed effective date of this action is April 
1, 1995. 

Ihe public hearing will be conducted at 10:00 
a.m. on February 16, 1995 at the State Board 
Room, Caswell Bldg. , 200 W Jones Street, Ra- 
leigh, NC 27603-1379. 



ixeason for Proposed Action: 
23 NCAC 2B .0104 - To more accurately reflect 
the priorities of the System and its Board and to 
better serve as a foundation for policy and pro- 
gram decisions. 

23 NCAC 2C .0604 - Action by the 1994 General 
Assembly (Ratified Senate Bill 27, Section 109) 
requires implementation of a new procedure for 
reviewing all programs annually. This change 
complies with the mandate and revises the previous 
program review requirement. 

(comment Procedures: Interested persons may 
present statements either orally or in writing at the 
public hearing or by mail on or before February 
16, 1995 addressed to Brenda Splawn, Department 
of Community Colleges, 200 W. Jones St. , Ra- 
leigh, NC 27603-1379. 

CHAPTER 2 - COMMUNITY COLLEGES 

SUBCHAPTER 2B - THE COMMUNITY 
COLLEGE SYSTEM 

SECTION .0100 - GENERAL 
PROVISIONS 



.0104 MISSION OF THE COMMUNITY 
COLLEGE SYSTEM 

The North Carolina Community Coll e g e Syst e m 
k — a statewid e — organization — of public — two year 
posts e condary — e ducational — ooll e ges — with — an 
open door admissions policy. — Ito mission is to 
provid e adults in North Carolina with quality and 
conv e nient l e arning opportuniti e s consist e nt with 
identified student and community ne e ds. — The se 
opportuniti e s ar e aoo e ssibl e to all adults r e gardl e ss 
of ag e , s e x, socio e conomic status, e thnic origin. 

race, — religion, — or disability. Educational — and 

training programs arc designed to enhanc e the 
p e rsonal, social, and e conomic pot e ntial of the 
individual and to produc e m e asurable benefits to 

th e state. The syst e m fulfills this mission by 

providing: 

{4} Vocational — programs — aed — oours e s — fef 

students d e siring to pr e pare for skill e d 
trades or to upgrade th e ir job skills; 

(S) T e chnical programs and courses that m ee t 



th e car ee r needs of individuals; 
0) Transferabl e programs and courses for 

students d e siring to att e nd a s e nior ool 

lego or univ e rsity; 
(4) Special occupational training and upgrad 



9:20 



NORTH CAROLINA REGISTER 



January 17, 1995 



1661 



PROPOSED RULES 



m- 



ing programs and services for bu s ine ss e s , 

industries, and agencies; 

Program s — and — courses — m — adult — basic 

education, high school completion, and 

continuing education; 
(6) Counseling, career guidance, job place 

ment services, and other program s cssen 

tial to developing the potential of individ 

ual students; 
(?) Programs — and — service s — to — enrich — the 

quality of community life; 



m- 



m- 



Effective — and — cooperative — relationships 
with the school s , colleges, universitie s , 
government — agencies, — and- — employers 
across the state; and 



Sound 



management practices and s y s tem 
atic planning to allocate the resources 
required to achieve the stated objectives 
of the North Carolina Community Col 
l e ge Sy s tem. 
The mission of the North Carolina Community 
College System is to open the door to opportunity 
for adults seeking to improve their lives and well- 
being by providing: 
(1) education and training for the workforce, 
including basic skills and literacy educa- 
tion, occupational and pre-baccalaureate 
p rograms; 
support for economic development 



121 



01 



through services to business and industry; 

and 

services to communities which improve 

the quality of life. 



Statutory Authority 
115D-5; U5D-8. 



G.S. 115D-1; 115D-4.1; 



SUBCHAPTER 2C - COLLEGES: 
ORGANIZATION AND OPERATIONS 

SECTION .0600 - COLLEGE EVALUATION 



enrollme nt and cost; student progress, achievement 
and outcomes; and employer satisfaction. 

Technical and vocational curriculum pro- 



grams shall 

performance: 

OJ the 



meet the following standards foi 



m 



the standard required by an outside 
licensure or accrediting agency foi 
passing rates on licensure or certifica- 
tion examinations, where applicable; 
and 

a satisfactory level on at least five pj 
the following eight required elements: 

(A) a three year annual average enroll- 
ment of at least 10 students, up. 
duplicated headcount; and 

(B) a performance level that is no more 
than 15 percent below the system 



ill 

mi 



mi) 

(iy) 
M 

Ml 
Mil 



average for each of the following: 
student goal accomplishment for 
program completion; 
student goal accomplishment for 
other student goals; 
program completer satisfaction 
with program; 
early leaver satisfaction 



with 



employment 



program; 

program completer 

rate; 

early leaver employment rate; 

employer satisfaction. 



(c) The college transfer program performance 



level shall be no more than 15 percent below the 
system average grade point average earned after 
two semesters in a four-year institution for students 



who completed 90 or more quarter credit hours at 
the community college. 

(d) Programs which do not meet these standards 
will be subject to further review to document 



temporary or permanent conditions which should 



be taken into account to justify offering the pro- 
gram. If further review fails to provide a justifica- 



tion for the program or to lead to improvement so 
that the program meets the standards, the program 
shall be terminated. 



.0604 PROGRAM REVIEW 

(a) Each college shall monitor the quality and 
viability of eaeh all of its curriculum programs and 

services . Each curriculum program and the Statutory Authority G.S. 115D-5. 

occupational extension program shall be reviewed 
at least once every 1 five years with regard to the 
achievement — ©f- — its — s tated — purpo s e, — quality — ef 
in s truction, — curriculum — de s ign, — co s t, — s tudent 
outcomes, and contribution to the overall mission 
of the college annually . Summary reports of these 
review s shall be transmitted to the System Prcsi 
dent. Colleges shall provide information to the 
Department of Community Colleges on program 



1662 



NORTH CAROLINA REGISTER 



January 17, 1995 



9:20 



PROPOSED RULES 



TITLE 26 - OFFICE OF ADMINISTRATIVE HEARINGS 

\otice is hereby given in accordance with G.S. 150B-21.2 that the Office of Administrative Hearings intends 
■) amend rules cited as 26 NCAC 2A .0102 and 2B .0104. 

The proposed effective date of this action is April 1 , 1995. 

\ he public hearing will be conducted at 10:00 am on February 3, 1995 at the Lee House, Hearing Room #2, 
'22 N. Blount Street, Raleigh, NC. 

\easonfor Proposed Action: 

6 NCAC 2A .0102 - In the 1994 Regular Session, the General Assembly granted to the Office of Administra- 
te Hearings the statutory authority to contract privately for the indexing, marketing, sales, reproduction, and 
'istribution of the North Carolina Administrative Code (NCAC). This proposed amendment provides the 
iformation for contacting the party with whom OAH has contracted. 

6 NCAC 2B .0104 - The subscription cost to the Register has remained the same since 1989. Due to the 
ncrease in the size of the publication, increase in cost of postage, and an increase in cost of printing, the 
ubscription price must be increased to cover the actual cost of the publication. The amendment also offers 
discount for subscriptions to multiple copies. 

t 

,omment Procedures: Any interest person may submit their views either orally at the hearing or in writing 

irected to: Anna Baird, Rulemaking Coordinator, PO Drawer 27447, Raleigh, NC 27611-7447. All 
omments must be received by 5:00 pm on February 16, 1995. 

CHAPTER 2 - RULES DIVISION 

SUBCHAPTER 2A - NCAC 

SECTION .0100 - PUBLICATION 

0102 AVAILABILITY OF THE NCAC 

(a) The Office of Administrative Hearings has available for public inspection all past and current rules filed 
inder the provisions of G.S. 150B. Copies are available at a cost as established in 26 NCAC 1 .0103. 

fb} Pursuant to G.S. 150B-21.18, the Codifier of Rules licensed the indexing, marketing, sales, 
eproduction. and distribution for subscription services to the NCAC to Barclays Law Publishers, PO Box 
1066, 400 Oyster Point Boulevard, South San Francisco. California 94080, telephone 1-800-888-3600. 



(b) — Monthly suppl e m e nt e d bound looo e l e af compilations ar e availabl e for a y e ar's subscription at the 



bllowing costs plus N.C. sales tax if applicable. — Renewal for supplement s e rvice for on e y e ar i s on e half th e 
oat of a n e w subscription plus N.C. sales tax if applicable- 
Volume T4tJe Chapter Subject Sub s cription 



1 53 



4 — 26- 



All titl es 



$750.00 



4- 



Administration 



-90,00 



4 — 24- 



25 52 



Agricultur e 
Agricultur e 



4^430 



4*5430 



Auditor 



40430 



4- 



3 20 



ECD (includes ABC) 
43G6 



^5430 



-90,00 



4- 



Correction 



60.00 



-3 — 4- 



Correotion 



■40,00 



Council of Stat e 



1-20 



NORTH CAROLINA REGISTER 



January 17, 1995 



1663 



PROPOSED RULES 



Cultural Re s ources 60.00 



40 8 Election s IOtOO 

44 9 Governor/Lt. Governor 4 5.00 

44 tO 1 — 3 Human Resources 30430 

44 W 3A — 344 Human Re s ource s 90430 

4-4 tO 3L — 3R Human Resources 

(includes CON) 45tO0 

44 tO 3S — 3W Human Resources 30^00 

\h 143 4 — 6 Human Resources 30r00 

44 tO 7 Human Resources 30r00 

+8 ^0 8 — 9 Human Resources 30t00 

49 W W Human Resources 30r00 

30 10 t4 14 Human Resources 60r00 

34 143 t5 — 47 Human Resources 45430 

33 tO 18 Human Re s ource s 75430 

33 tO t9 — 30 Human Resource s 90430 

34 W 34 — 33 Human Resources 30r00 

35 tO 34 — 44 Human Resource s 60tOO 

36 tO 43 Human Resources 45430 

37 tO 43 — 54 Human Re s ource s 90430 

38 14 In s urance 90430 

39 t3 Ju s tice 90430 

30 13 I — 6 Leber- 30430 

34 14 7 9S44A 45430 

33 14 8 — 1£ Laber- 45430 

33 t4A Crime Control and 

Public Safety 45439 

34 t4A 1 — 3 EHNR (includes EMC) 90430 

35 t4A 3—6 EHNR 45430 

36 t4A 7 Coastal Management 45430 

37 t57\ 8—9 EHNR 30430 

48 ISA W Wildlife 45430 

39 t4A 14 — 1« EHNR 90430 

40 t4A 19 26 EHNR 

(includes Breathalizer) 75.00 

44 1£- Education 30430 

43 t4 1 — 6 Revenue 75430 

43 t4 7 — H Revenue 60430 

44 1« Secretary of State 30430 

45 t9A Transportation 90430 

46 30 Treasurer 45430 

47 34 1 — 16 Licensing Boards 75430 

48 34 17 — 37 Licensing Boards 75430 

49 24 38 70 Licen s ing Boards 

33 Administrative Procedure s 75.00 

50 33 Community Colleges t0430 

54 34 Independ e nt Agencies 10.00 

53 35 State Personnel 60430 

54 36 Admini s trative Hearings 10.00 



(e) — Monthly supplemented electronic compilations in WordPerfect 5.2. DOS 5.0 or succeeding versions 



conden s ed text with PKZIP on a 3V : inch (1. 4 4 Mb) high density diskette, arc available for a year" ! 
subscription at the following costs plus N.C. sales tax if applicable: 

YEAR 

TITLE SUBSCRIPTION 



1664 NORTH CAROLINA REGISTER January 17, 1995 9:20 



PROPOSED RULES 



Titlca 1 — 26 4 50.00 

Title 1 60r00 

Title 2 6©r0© 

Title 3 10r0© 

Title 4 60r00 

Title 5 60r00 

Title 6 3070© 

Title 7 30700 

Title 8 10709 

Title 9 45700 

Title 10 360.00 

Title 11 60709 

Title 12 60700 

Title 13 6Ot00 

Title 1 4 A 45700 

Title 15A 300.00 

Title 16 30709 

Title 17 120.00 

Title 18 30700 

Title 19A 60700 

Title 20 4§^0 

Title 21 120.00 

Titl e 22 (Repealed) 

Title 23 10700 

Title 2 4 IOtOG 

Title 25 60700 

Title 26 10r00 

T15A.02&T15A.13 120.00 



(d) A loosclcaf unbound compilation without supplement service is available at a cost of four hundred fifty 
dollars ($ 4 50.00) plus N.C. soles tax if applicable. — Supplement service is available at a cost of one hundred 



ind twenty five dollars ($125.00) per year plus N.C. sales tax if applicable. 

(c) An electronic compilation without supplement service is available at a cost of fifty dollars ($50.00) plus 
S.C. s ales tax if applicable. — The electronic format is WordPerfect 5.2, DOS 5.0 or succeeding versions, 



jondensed with PKZIP and contained on a 3 1 /; inch (1.44 Mb) high density diskette. 



Statutory Authority G.S. 150B-21.18; 150B-21.25. 

SUBCHAPTER 2B - NORTH CAROLINA REGISTER 
SECTION .0100 - PUBLICATION 

0104 AVAILABILITY OF THE NORTH CAROLINA REGISTER 

(a) The North Carolina Register is published twice monthly by the Office of Administrative Hearings and 
is available at a cost of one hundred and five dollars ($105.00) one hundred and twenty dollars ($120.00) plus 
N.C. sales tax if applicable per year subscription. 

(b) A five percent discount will be applied to the total cost when ordering multiple copies. 

(c) Requests for subscriptions shall be directed to the Office of Administrative Hearings, P.O. Drawer 
27447, Raleigh, N.C. 27611-7447, (919) 733-2678. 

Statutory Authority G.S. 150B-21.25. 



9:20 NORTH CAROLINA REGISTER January 17, 1995 1665 



LIST OF RULES CODIFIED 






■ 
\ 




1 he List of Rules Codified is a listing of rules that were filed with OAH in the month indicated. 

J\ey: 

Citation = Title, Chapter, Subchapter and Rule(s) 

AD = Adopt 

AM = Amend 

RP = Repeal 

With Chgs = Final text differs from proposed text 

Corr = Typographical errors or changes that requires no rulemaking 

Eff. Date = Date rule becomes effective 

Temp. Expires = Rule was filed as a temporary rule and expires on this date or 180 days 


NORTH CAROLINA ADMINISTRATIVE CODE 
DECEMBER 94 

TITLE DEPARTMENT TITLE DEPARTMENT 

1 Administration 18 Secretary of State 

2 Agriculture 19A Transportation 

4 Commerce 21 Occupational Licensing Boards 

10 Human Resources 4 - Auctioneers 

1 1 Insurance 6 - Barber Examiners 

12 Justice 34 - Mortuary Science 

13 Labor 54 - Practicing Psychologists 

15A Environment, Health, and 56 - Professional Engineers and Land Surveyors 
Natural Resources 24 Independent Agencies 

1 6 Public Education 5 - State Health Plan Purchasing Alliance Boarc 

17 Revenue 25 State Personnel 


Citation 


AD 


AM 


RP 


With 
Chgs 


Corr 


Eff. 
Date 


Temp. 
Expires 


1 NCAC 35 .0204 




/ 








01/01/95 




.0205 










/ 






2 NCAC 48E .0302 




/ 




/ 




01/01/95 




4 NCAC 3K .0101 


/ 






/ 




01/01/95 




.0201 - .0202 


/ 






/ 




01/01/95 




.0203 


/ 










01/01/95 




.0204 


/ 






/ 




01/01/95 




.0205 


/ 










01/01/95 




.0206 


/ 






/ 




01/01/95 




.0301 


/ 










01/01/95 






1666 NORTH CAROLIM 


1 REGI 


STER 




J 


anuary 


17, 1995 


9:20 







LIST OF RULES CODIFIED 














Citation 


AD 


AM 


RP 


With 
Chgs 


Corr 


Eff. 
Date 


Temp. 
Expires 


4 


NCAC 


3K .0302 


/ 






/ 




01/01/95 








.0401 


/ 






/ 




01/01/95 








.0402 


/ 










01/01/95 




.0403 - .0404 


/ 






/ 




01/01/95 




.0405 


/ 










01/01/95 




.0501 - .0502 


/ 










01/01/95 




.0601 


/ 










01/01/95 




.0701 - .0702 


/ 










01/01/95 




.0703 


/ 






/ 




01/01/95 




10 


NCAC 


3R .0305 










/ 






26B .0110 




/ 




/ 




01/01/95 








50B .0101 




/ 








01/01/95 




.0102 




/ 




/ 




01/01/95 








.0201 




/ 




/ 




01/01/95 




.0204 




/ 




/ 




01/01/95 




.0207 




/ 








01/01/95 




.0311 




/ 




/ 




01/01/95 




.0313 




/ 




/ 




01/01/95 




.0402 - .0404 




/ 




/ 




01/01/95 




.0408 




/ 




/ 




01/01/95 




11 


NCAC 


12 .0561 


/ 






/ 




01/01/95 




.1024 










/ 






12 


NCAC 


9A .0103 




/ 




/ 




01/01/95 




10B .0204 - .0205 




/ 








01/01/95 




.0502 




/ 




/ 




01/01/95 




.0904 




/ 








01/01/95 








.2101 - .2102 




/ 








01/01/95 








.2105 




/ 








01/01/95 




11 .0202 




/ 








01/01/95 




.0210 


/ 






/ 




01/01/95 




13 


NCAC 


7F .0101 




/ 




/ 




01/01/95 




13 .0101 




/ 




/ 




01/01/95 








.0103 


/ 






/ 




01/01/95 






9:20 




NORTH CAROLS 


J A REG 


ISTER 




January 


» 17, 19 


95 


1667 





LIST OF RULES CODIFIED 






\ 




Citation 


AD 


AM 


RP 


With 
Chgs 


Corr 


Eff. 
Date 


Temp. 
Expires 


13 


NCAC 13 .0201 - .0205 




/ 




/ 




01/01/95 




.0206 - .0208 




/ 








01/01/95 




.0209 - .0213 




/ 




/ 




01/01/95 




.0301 - .0302 




/ 




/ 




01/01/95 




.0303 - .0306 




/ 








01/01/95 




.0401 - .0402 




/ 




/ 




01/01/95 




.0403 




/ 








01/01/95 




.0404 


/ 






/ 




01/01/95 




.0405 - .0406 




• 




/ 




01/01/95 




.0407 - .0408 


/ 










01/01/95 




.0409 - .0410 




/ 




/ 




01/01/95 




.0411 


/ 






/ 




01/01/95 




.0412 




/ 




/ 




01/01/95 




.0413 




/ 








01/01/95 




.0414 




/ 




/ 




01/01/95 




.0415 - .0416 




/ 








01/01/95 




.0419 - .0421 




/ 




/ 




01/01/95 




.0501 




/ 




/ 




01/01/95 




.0502 - .0503 






/ 






01/01/95 




.0504 




/ 




/ 




01/01/95 




.0601 - .0609 






/ 






01/01/95 




.0801 




/ 




/ 




01/01/95 




.0803 - .0804 




/ 








01/01/95 




.0805 




/ 




/ 




01/01/95 




.0807 




/ 




/ 




01/01/95 




.0808 - .0809 




/ 








01/01/95 




.0810 






/ 






01/01/95 




.0812 - .0813 




/ 








01/01/95 




.0814 






/ 






01/01/95 




.0815 




/ 




/ 




01/01/95 




.0816 






/ 






01/01/95 




15A 


NCAC 10B .0106 




/ 




/ 




01/01/95 




13A .0011 - .0012 




/ 




/ 




01/01/95 






1668 


NORTH CAROLINA 


1 REGI 


STER 




J 


anuary 


17, 1995 


9:20 







LIST OF RULES CODIFIED 














Citation 


AD 


AM 


RP 


With 
Chgs 


Corr 


Eff. 
Date 


Temp. 
Expires 


15A 


NCAC 


16A .1102 




/ 








01/01/95 




18A .3101 - .3102 




/ 








01/01/95 




.3105 




/ 








01/01/95 




.3106 


/ 










01/01/95 




.3201 - .3212 


/ 










01/01/95 


180 DAYS 


19A .0102 




/ 








12/16/94 


180 DAYS 


.0502 




/ 




/ 




01/01/95 




19B .0101 




/ 








01/01/95 




.0310 






/ 






01/01/95 




.0314- .0315 






/ 






01/01/95 








.0318 - .0319 






/ 






01/01/95 








.0503 




/ 








01/01/95 








19C .0601 - .0602 




/ 




/ 




01/01/95 




.0603 




/ 








01/01/95 




.0605 - .0606 




/ 




/ 




01/01/95 








.0607 




/ 








01/01/95 




.0609 


/ 






/ 




01/01/95 




.0610 


/ 










01/01/95 




16 


NCAC 


6E .0202 




/ 








12/27/94 


180 DAYS 


.0202 




/ 




/ 




07/01/95 




17 


NCAC 


5C .0103 




/ 








01/01/95 




.0403 - .0404 




/ 








01/01/95 




.2101 




/ 








01/01/95 




7B .4202 




/ 








01/01/95 




.4205 - .4206 




/ 








01/01/95 




18 


NCAC 


7 .0101 




/ 








01/01/95 




.0102 




/ 




/ 




01/01/95 




.0103 






/ 






01/01/95 




.0201 






/ 






01/01/95 




.0202 




/ 








01/01/95 




.0204 - .0208 




/ 








01/01/95 




19A 


NCAC 


2B .0217 




/ 








01/01/95 




.0603 




/ 




/ 




01/01/95 






9:20 




NORTH CAROLS 


J A REG 


ISTER 




January 


17, 19 


95 


1669 



LIST OF RULES CODIFIED 








. 






Citation 


AD 


AM 


RP 


With 
Chgs 


Corr 


Eff. 
Date 


Temp. 
Expires 




19A NCAC 2D .0816 










/ 






i 


2E .0222 










/ 






' 


21 NCAC 4B .0103 




/ 








01/01/95 






.0104 




/ 




/ 




01/01/95 






.0201 




/ 




/ 




01/01/95 






.0202 




/ 








01/01/95 






.0301 




/ 




/ 




01/01/95 






.0401 - .0402 




/ 








01/01/95 






.0403 - .0405 




/ 




/ 




01/01/95 






.0601 - .0603 




/ 








01/01/95 






.0604 


/ 










01/01/95 






.0605 


/ 






/ 




01/01/95 






.0701 


/ 










01/01/95 






6F .0001 










/ 








6L .0002 










/ 








.0003 




/ 




/ 




01/01/95 




1 


.0006 - .0007 




/ 




/ 




01/01/95 






34C .0203 - .0204 




/ 








01/01/95 






.0301 




/ 








01/01/95 






54 .2704 - .2706 


/ 










12/19/94 


180 DAYS 




56 .0502 




/ 




/ 




01/01/95 






.1702 










/ 








24 NCAC 5 .0203 


/ 






/ 




01/01/95 






.0205 


/ 






/ 




01/01/95 






.0207 


/ 






/ 




01/01/95 






25 NCAC ID .2513 














EXPIRED 






! 


1670 NORTH CAROLIM 


1 REGI 


STER 




J 


anuary 


17, 1995 


9:20 





RRC OBJECTIONS 






Ihe Rules Review Commission (RRC) objected to the following rules 


in accordance with G.S. 


150B-21.9(a). State agencies are required to respond to RRC as provided in 


G.S. 150B-21.12(aj 


. 


ADMINISTRATION 






tate Employees Combined Campaign 






NCAC 35 .0202 - Content of Applications 


RRC Objection 


11/17/94 


Agency Revised Rule 


Obj. Removed 


11/17/94 


;OMMERCE 






tanking Commission 






NCAC 3K .0201 - Application for Authorization! /Reverse Mortgage Lender 


RRC Objection 


12/15/94 


Agency Revised Rule 


Obj. Removed 


12/15/94 


' NCAC 3K .0205 - Certificate of Authorization 


RRC Objection 


12/15/94 


Agency Revised Rule 


Obj. Removed 


12/15/94 


' NCAC 3K .0206 - Nontransferability of Certificate of Authorization 


RRC Objection 


12/15/94 


Agency Revised Rule 


Obj. Removed 


12/15/94 


'■ NCAC 3K .0601 - Counseling 


RRC Objection 


12/15/94 


Agency Revised Rule 


Obj. Removed 


12/15/94 


ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 






Environmental Management 






5A NCAC 2Q .01 12 - Applications Requiring Professional Engineer Seal 


RRC Objection 


11/17/94 


No Response from Agency 


Obj. Cont'd 


12/15/94 



General Procedures for Public Health Programs 

5 A NCAC 24A .0404 - Reimbursement for Services Not Covered by Medicaid 
RRC Approved Motion to Reconsider 

Vildlife Resources and Water Safety 

5A NCAC 10B .0106 - Wildlife Taken for Depredations or Accidentally 
Agency Revised Rule 
Agency Revised Rule 

EUMAN RESOURCES 

Medical Assistance 

NCAC SOB .0402 - Financial Responsibility and Deeming 
Agency Revised Rule 

Mental Health: General 

10 NCAC 14K .0314 - Assessment 



RRC Objection 12/15/94 
Obj. Contd 12/15/94 



RRC Objection 1 1 II 7/94 
Obj. Contd 11/17/94 
Obj. Removed 12/15/94 



RRC Objection 12/15/94 
Obj. Removed 12/15/94 



RRC Objection 11/1 7/94 



9:20 



NORTH CAROLINA REGISTER 



January 17, 1995 



1671 



RRC OBJECTIONS 



Agency Revised Rule 

10 NCAC 14K .0315 - Treatment/Habilitation Planning and Documentation 

Agency Revised Rule 

INSURANCE 

Medical Database Commission 

11 NCAC 15 .0006 - Data Submission 

Agency Revised Rule 
Agency Revised Rule 
11 NCAC 15 .0007 - Provider Verification 
Agency Revised Rule 
Agency Rei'ised Rule 

LABOR 

Boiler and Pressure Vessel 



13 NCAC 13 .0202 

Agency Revised 
13 NCAC 13 .0204 

Agency Revised 
13 NCAC 13 .0205 

Agency Revised 
13 NCAC 13 .0211 

Agency Revised 
13 NCAC 13 .0212 

Agency Revised 
13 NCAC 13 .0213 

Agency Revised 
13 NCAC 13 .0304 

Agency Revised 
13 NCAC 13 .0402 

Agency Revised 
13 NCAC 13 .0405 

Agency Revised 
13 NCAC 13 .0411 

Agency Revised 



- Inspector Qualification 
Rule 

- Conflict of Interest 
Rule 

- Owner-User Inspection Agency 
Rule 

- Certificate Inspections 
Rule 

- Preparation for Inspection 
Rule 

- Fees 
Rule 

- Appeals 
Rule 

- North Carolina Stamping and Registration 
Rule 

- Safety Valves 
Rule 

- Valves, Drains, and Bottom Blowoffs 
Rule 



LICENSING BOARDS AND COMMISSIONS 
Commission for Auctioneers 

21 NCAC 4B .0501 - Application for Course Approval 

Rule Withdrawn by Agency 
21 NCAC 4B .0502 - Requirements for Approval/Minimum Standards 

Rule Withdrawn by Agency 

Board of Barber Examiners 

21 NCAC 6F .0001 - Physical Structure 

Agency Revised Rule 
21 NCAC 6L .0002 - Measurements of Barber Shop 

Agency Revised Rule 



Obj. Removed 11/17/94 
RRC Objection 11/17/94 
Obj. Removed 11/17/94 



RRC Objection 
Obj. Contd 
Obj. Removed 
RRC Objection 
Obj. Contd 
Obj. Removed 



10/20/94 
10/20/94 
11/17/94 
10/20/94 
10/20/94 
11/17/94 



RRC Objection 


12/15/94 


Obj. Removed 


12/15/94 


RRC Objection 


12/15/94 


Obj. Removed 


12/15/94 


RRC Objection 


12/15/94 


Obj. Removed 


12/15/94 


RRC Objection 


12/15/94 


Obj. Removed 


12/15/94 


RRC Objection 


12/15/94 


Obj. Removed 


12/15/94 


RRC Objection 


12/15/94 


Obj. Removed 


12/15/94 


RRC Objection 


12/15/94 


Obj. Removed 


12/15/94 


RRC Objection 


12/15/94 


Obj. Removed 


12/15/94 


RRC Objection 


12/15/94 


Obj. Removed 


12/15/94 


RRC Objection 


12/15/94 


Obj. Removed 


12/15/94 



12/15/94 
12/15/94 



RRC Objection 11/17/94 

Obj. Removed 11/17/94 

RRC Objection 11/1 7/94 

Obj. Removed 11/17/94 



1672 



NORTH CAROLINA REGISTER 



January 17, 1995 



9:20 



RRC OBJECTIONS 



Board of Dental Examiners 

21 NCAC 16M .0001 - Dentists 
Agency Revised Rule 

Licensing Board of Landscape Architects 

21 NCAC 26 .0105 - Fees 
Agency Revised Rule 

Board of Opticians 

21 NCAC 40 .0314 - Apprenticeship and Internship Requirements; Registration 

Agency Revised Rule 

No Response from Agency 
21 NCAC 40 .0319 - Applicants From Other States 

Agency Revised Rule 

Board of Professional Engineers and Land Surveyors 

21 NCAC 56 .0502 - Application Procedure: Individual 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
21 NCAC 56 .1702 - Definitions 

Agency Revised Rule 
21 NCAC 56 .1703 - Requirements 

Agency Revised Rule 
21 NCAC 56 .1704- Units 

Agency Revised Rule 
21 NCAC 56 .1705 - Determination of Credit 

Agency Revised Rule 

PUBLIC EDUCATION 

Elementary and Secondary Education 

16 NCAC 6E .0202 - Interscholastic Athletics 
Agency Revised Rule 

SECRETARY OF STATE 

Notary Public Division 

18 NCAC 7 .0103 - Notaries Public Deputy 

Agency Repealed Rule 
18 NCAC 7 .0301 - Approved Course of Study 
18 NCAC 7 .0302 - Instructors 

TRANSPORTATION 

Division of Highways 

19A NCAC 2B .0603 - Driveway Permits for Special Commercial Property 
Agency Revised Rule 



RRC Objection 
Obj. Removed 



RRC Objection 
Obj. Removed 



RRC Objection 
Obj. Contd 
Obj. Cont'd 
RRC Objection 
Obj. Removed 



11/17/94 
11/17/94 



11/17/94 
11/17/94 



11/17/94 
11/17/94 
12/15/94 
11/17/94 
11/17/94 



RRC Objection 


11/17/94 


Obj. Cont'd 


12/15/94 


Eff. 


01/01/95 


RRC Objection 


11/17/94 


Obj. Removed 


11/17/94 


RRC Objection 


11/17/94 


Obj. Removed 


11/17/94 


RRC Objection 


11/17/94 


Obj. Removed 


11/17/94 


RRC Objection 


11/17/94 


Obj. Removed 


11/17/94 



RRC Objection 
Obj. Removed 



12/15/94 
12/15/94 



RRC Objection 12/15/94 

Obj. Removed 12/15/94 

RRC Objection 12/15/94 

RRC Objection 12/15/94 



RRC Objection 
Obj. Removed 



12/15/94 
12/15/94 



9:20 



NORTH CAROLINA REGISTER 



January 17, 1995 



1673 



CONTESTED CASE DECISIONS 



1 his Section contains the full text of some of the more significant Administrative Law Judge decisions 
along with an index to all recent contested cases decisions which are filed under North Carolina 's 
Administrative Procedure Act. Copies of the decisions listed in the index and not published are available 
upon request for a minimal charge by contacting the Office of Administrative Hearings, (919) 733-2698. 



AGENCY 



CASE 
NUMBER 



AU 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



ADMINISTRATION 



North Carolina Council for Women 

Family Violence Prevention Services v. N.C. Council for Women 

ALCOHOLIC BEVERAGE CONTROL COMMISSION 



94 DOA 0242 



West 



04/13/94 



Jerry Lee McGowan v. Alcoholic Beverage Control Comm. 

Alcoholic Beverage Control Comm. v. Entertainment Group, Inc. 

Alcoholic Beverage Control Comm. v. Daehae Chang 

Rayvon Stewart v. Alcoholic Beverage Control Commission 

Alcoholic Beverage Control Comm. v. Branchland, Inc. 

Alcoholic Beverage Control Comm. v. Peggy Sutton Walters 

Russell Bernard Speller d/b/a Cat's Disco v. Alcoholic Bev Ctl Comm. 

Alcoholic Beverage Control Comm. v. Branchland, Inc. 

Edward Ogunjobi, Club Piccadilli v. Alcoholic Beverage Control Comm. 

Robert Kovalaske, Nick Pikoulas, Joseph Marshburn, Evangelos Pikoulas, 

d/b/a Our Mom's BBQ v. Alcoholic Beverage Control Commission 
Christine George Williams v. Alcoholic Beverage Control Comm. 
Lynn Ann Garfagna v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Comm. v. Raleigh Limits, Inc. 
Alcoholic Beverage Control Comm. v. COLAP Enterprises, Inc. 
Alcoholic Beverage Control Comm. v. Mitch's Tavern, Inc. 
Alcoholic Beverage Control Comm. v. Ms. Lucy Jarrell Powell 
Alcoholic Beverage Control Comm. v. Richard Wayne Barrow 
Alcoholic Beverage Control Comm. v. Subhashbai C. F^tel 
Alcoholic Beverage Control Comm. v. Daphne Ann Harrell 
Mr. & Mrs. Josh Bullock Jr. v. Alcoholic Beverage Control Comm. 
Jerome Crawford v. Alcoholic Beverage Control Commission 
Lawrence Mungin v. Alcoholic Beverage Control Commission 
Willie Poole Jr. v. Alcoholic Beverage Control Commission 
Alonza Mitchell v. Alcoholic Beverage Control Commission 
Roy Dale Cagle v. Alcoholic Beverage Control Commission 
Christopher C. Gause, James A Jinwright v. Alcoholic Bev. Ctl. Comm. 
Rajaddin Abdelaziz v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Comm. v. Sherrie Rena Quick 
Alcoholic Bev. Ctrl. Comm. v. Partnership. T/A Price Downs Food Mart 
Alcoholic Beverage Control Comm. v. James Earl Mullins, Sr. 

COMMERCE 



93 ABC 0363 


Morrison 


08/23/94 




93 ABC 0719 


Gray 


03/02/94 




93 ABC 0775 


Morrison 


09/21/94 




93 ABC 0793 


Nesnow 


04/11/94 




93 ABC 0892 


Morgan 


06/03/94 




93 ABC 0906 


Mann 


03/18/94 




93 ABC 0937 


Morrison 


03/07/94 




93 ABC 0993 


Morgan 


06/03/94 




93 ABC 1024 


West 


03/03/94 




93 ABC 1029 


Gray 


03/04/94 




93 ABC 1057 


Becton 


04/21/94 




93 ABC 1481 


Gray 


07/19/94 




93 ABC 1485 


Mann 


03/11/94 




94 ABC 0060 


Nesnow 


06/07/94 




94 ABC 0064 


Gray- 


07/26/94 




94 ABC 0070 


Morgan 


06/06/94 




94 ABC 0079 


Gray 


10/14/94 




94 ABC 0083 


West 


11/01/94 




94 ABC 0115 


Nesnow 


07/18/94 




94 ABC 0124 


Morgan 


06/06/94 




94 ABC 0125 


Morgan 


06/06/94 




94 ABC 0149 


Chess 


08/08/94 




94 ABC 0232 


Chess 


09/02/94 




94 ABC 0257 


Morrison 


07/28/94 


9:11 NCR 


94 ABC 0260 


West 


07/13/94 




94 ABC 0532 


Gray 


09/27/94 




94 ABC 0600 


Chess 


09/22/94 




94 ABC 0717 


Gray 


12/16/94 




94 ABC 0856 


West 


11/22/94 




94 ABC 0934 


West 


12/05/94 





870 



Savings Institutions Division 

James E. Byers, et a! v. Savings Institutions 

CORRECTION 



93 COM 1622 Chess 03/01/94 



Division of Prisons 

Gene Strader v. Department of Correction 

CRIME CONTROL AND PUBLIC SAFETY 



94 DOC 0252 



Morrison 03/21/94 



Joseph Guernsey & Parents, Robert Guernsey &. Dolores Guernsey 
v. Pitt County Hospital Eastern Radiologists 



94 CPS 0413 



Gray 07/11/94 



1674 



NORTH CAROLINA REGISTER 



January 17, 1995 



9:20 



CONTESTED CASE DECISIONS 



AGENCY 



Crime Victims Compensation Commission 

Mae H. McMillan v. Crime Victims Compensation Commission 

James Hugh Baynes v. Crime Victims Compensation Commission 

Ross T. Bond v. Victims Compensation Commission 

James A. Canady v. Crime Victims Compensation Commission 

Virginia Roof v. Department of Crime Control & Public Safety 

Karen C. Tilghman v. Crime Victims Compensation Commission 

Rosemary Taylor v. Crime Victims Compensation Commission 

Violet E. Kline v. Crime Victims Compensation Commission 

James Benton v. Crime Victims Compensation Commission 

Percy Clark v. Crime Victims Compensation Commission 

J. Richard Spencer v. Crime Victims Compensation Commission 

Albert H. Walker v. Crime Victims Compensation Commission 

Barbara Henderson v. Crime Victims Compensation Commission 

Shirley Handsome v. Crime Victims Compensation Commission 

Georgeann Young v. Crime Victims Compensation Commission 

Lawrence L. Tyson v. Crime Victims Compensation Commission 

Ada Battle v. Crime Victims Compensation Commission 

Lyman L. Chapman v. Crime Victims Compensation Commission 

Douglas and Virginia Wilson v. Crime Victims Compensation Comm. 

Blanche J. Taylor v. William Hooks Jr., Crime Victims Comp. Comm. 

Michelle L. Wilcox v. Crime Victims Compensation Commission 

Charlie E. McDonald v. Crime Victims Compensation Commission 

Lillie Al ford /behalf /estate/Venise Alford v. Crime Victims Comp. Comm. 

Michael G. Low v. Crime Victims Compensation Commission 

Torbit Smith v. Victims Compensation Commission 

Maureen P. Wilson v. Crime Victims Compensation Commission 

Kay Thompson Chambers v. Crime Victims Compensation Commission 

James R. Gray v. Crime Victims Compensation Commission 

Hazel Jarvis v. Victims Compensation Commission 

Pattie Hale v. Victims Compensation Fund 

Dana Harris v. Crime Victims Compensation Commission 

Dorian Walter St. fetrick Scott v. Victims Compensation Comm. 

Susan Cooley v. Crime Victims Compensation Commission 

In the Matter of the Claim of Claimant: Shirley Robinson Victim: 

Dandre J. Lamont Offender Charles Fernandez v. Crime Victims 

Compensation Comm. 
Mary E. Haskins v. Crime Victims Compensation Commission 

EMPLOYMENT SECURITY COMMISSION 



CASE 
NUMBER 



ALJ 



DATE OF 

DECISION 



92 CPS 1328 


Morgan 


08/11/94 


93 CPS 0801 


West 


03/28/94 


93 CPS 1104 


West 


04/21/94 


93 CPS 1 108 


Gray 


03/28/94 


93 CPS 1347 


Nesnow 


03/24/94 


93 CPS 1608 


Reilly 


05/17/94 


93 CPS 1626 


Nesnow 


05/25/94 


93 CPS 1670 


Morgan 


06/13/94 


94 CPS 0034 


Chess 


06/14/94 


94 CPS 0127 


Reilly 


04/19/94 


94 CPS 0157 


Chess 


06/14/94 


94 CPS 0229 


Reilly 


08/11/94 


94 CPS 0259 


Morrison 


04/07/94 


94 CPS 0286 


Gray 


04/28/94 


94 CPS 0292 


Reilly 


04/18/94 


94 CPS 0368 


Gray 


04/26/94 


94 CPS 0414 


Reilly 


08/23/94 


94 CPS 0415 


Chess 


06/02/94 


94 CPS 0417 


Reilly 


06/07/94 


94 CPS 0464 


Mann 


10/28/94 


94 CPS 0467 


Reilly 


06/07/94 


94 CPS 0468 


Gray 


09/02/94 


94 CPS 0488 


West 


11/10/94 


94 CPS 0524 


Morrison 


06/13/94 


94 CPS 0535 


Bee ton 


10/26/94 


94 CPS 0567 


Gray 


09/23/94 


94 CPS 0581 


Morrison 


09/28/94 


94 CPS 0603 


Reilly 


08/19/94 


94 CPS 0664 


Chess 


07/29/94 


94 CPS 0734 


West 


09/06/94 


94 CPS 0832 


Nesnow 


09/26/94 


94 CPS 0883 


Nesnow 


10/04/94 


94 CPS 1004 


Gray 


12/27/94 


94 CPS 1070 


Nesnow 


12/12/94 


94 CPS 1406 


Gray 


03/17/94 



PUBLISHED DECISION 
REGISTER CITATION 



9:2 NCR 114 



9:6 NCR 407 



9:13 NCR 1056 



David Lee Bush v. Employment Security Commission 

ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 

Bobby Stallings v. Environment, Health, and Natural Resources 
James M. Lyles v. Brunswick County Office of Permits 
Erby Lamar Grainger v. Environment, Health, & Natural Resources 
William P. Shaver, R. McKinnon Morrison HJ, Till Ray, Dr. Wesley 

C. Ray, Douglas W Furr, Catherine H. Furr & Caldwell Creek Farm, Inc 

v. EHNR-State of North Carolina 
Ron D. Graham, Suzanne C. Graham v. Robert Cobb, Mecklenbuig Cty 
Robert, Stephanie & Joshua Campbell v. EHNR; Child. Spcl Hlth Svcs 
Camel D. Pearson Jr. v. Craven Co. Division of Health & DEHNR 
Patricia D. Solomon v. Macon County Health Department 
Elbert L. Winslow v. EHNR/Guilford Cty Health Dept. & Guilford Cty 

Planning & Zoning Board 
Kathryn A. Whitley v. Macon County Health Department 
Brook Hollow Estates v. Environment, Health, & Natural Resources 
Bobby Combs v. Public Water Supply Section 

Oceanfront Court, David C. Gagnon v. Environment, Health, & Nat. Res. 
Sam's Club #8219 v. Mecklenburg County Health Department 
Everhart & Associates., Inc. and Hettie Tolson Johnson v. Environment, 

Health, and Natural Resources and Zelig Robinson 
Richaid A. Jenkins v. NC Water Pollution Ctl. Sys. Op. Cert. Comm. 
Eugene Crawford & Nancy P. Crawford v. Macon County Health Dept. 
Joseph B. Leggett v. Environment, Health, & Natural Resources 



91 ESC 0395 



Reilly 



08/18/94 



90EHR0612 


Morgan 


08/11/94 






92 EHR 0333 


Chess 


09/22/94 






93 EHR 0071 


Reilly 


11/22/94 






93 EHR 0452 


Morgan 


08/11/94 






93 EHR 1017 


Bee ton 


05/31/94 






93 EHR 1019 


Bee ton 


12/28/94 


9:20 NCR 


1688 


93 EHR 1759 


Mann 


09/06/94 






93 EHR 1777 


West 


05/23/94 






94 EHR 0086 


Chess 


07/13/94 






94 EHR 0088 


West 


07/13/94 






94 EHR 0093 


West 


06/03/94 






94 EHR 0202 


West 


10/19/94 






94 EHR 0210 


Chess 


06/21/94 






94 EHR 0329 


Nesnow 


06/15/94 


9:7 NCR 


496 


94 EHR 0392 


Reilly 


10/18/94 


9:15 NCR 


1231 


94 EHR 0424 


West 


10/11/94 






94 EHR 0500 


Gray 


06/10/94 






94 EHR 0560 


West 


09/21/94 







9:20 



NORTH CAROLINA REGISTER 



January 17, 1995 



1675 



CONTESTED CASE DECISIONS 



AGENCY 



Tri-Circuits, Inc. v. Environment, Health, & Natural Resources 
Thomas Taylor Fain v. Martin-Tyrrell-Wash. Dist. Health Dept., EHNR 
Marlen C. Robb, Jr. v. CAMA, Washington, NC EHNR 
Irene, Will, Eric Litaker v. Montgomery County Health Department 
James Loder v. New Hanover Inspection Svcs., Local CAMA Permit Off. 
National Food Market v. Environment, Health, and Natural Resources 

Coastal Management 

Roger Fuller v. EHNR, Div. of Coastal Mgmt & Environmental Mgmt 
Roger Fuller v. EHNR, Div. of Coastal Mgmt & Environmental Mgmt 
John R. Hooper v. EHNR, Div./Coastal Mgmt & Bird's Nest Partnership 
Gary E. Montalbine v. Division of Coastal Management 
Paley-Midgett Partnership v. Coastal Resources Commission 



Craven County Health Department 

Cox Transport Equipment, Harvey A Cox v. County of Craven, EHNR 94 EHR 0487 West 

Environmental Health 



CASE 




DATE OF 


PUBLISHED DECISION 


NUMBER 


ALJ 


DECISION 


REGISTER CITATION 


94 EHR 0601 


Morrison 


06/30/94 




94 EHR 0736 


West 


11/22/94 




94 EHR 0767 


West 


11/22/94 




94 EHR 0776 


Gray 


09/06/94 




94 EHR 0821 


Chess 


11/21/94 




94 EHR 0998 


Reilly 


12/19/94 





89 EHR 1378"* 


Gray 


04/07/94 


90 EHR 0017* 


Gray 


04/07/94 


90 EHR 0455 


Morgan 


08/11/94 


93 EHR 1792 


Nesnow 


03/21/94 


94 EHR 0315 


Gray 


06/01/94 



11/01/94 



Jane C. O'Malley, Melvin L. Cartwright v. EHNR & District Hlth Dept 

ir^quotank-Fferquimans-Camden-Chowan 
Henry Lee Bulluck v. Nash County Health Department & EHNR 
Environment, Health, & Natural Res. v. Clark Harris & Jessie Lee Harris 
Riehaid F. Ebersold v. Jackson County Health Department & EHNR 
Crab Shack Restaurant v. EHNR, Div. of Environmental Health 
Sidney S. Tale Jr. v. Dept. of Environment, Health, & Natural Resources 
George A Waugh, Shirley A. Waugh v. Carteret Cty Health & Env. Hlth 
Scotland Water Co., Laurin Lakes v. Environment, Health, & Nat. Res. 
H.A. Lentz v. Department of Environment, Health, & Natural Resources 
Floyd Benn Williams v. Dept. of Environment, Health, & Nat. Res. 
Ralston Pound, Jr. & Deanie S. Pound v. Carteret Cty. Env. Health Dept. 

Environmental Management 

David Springer v. Dept. of Environment, Health, & Natural Resources 
Petroleum Installation Equipment Co., Inc. v. Env., Health & Nat. Res. 
Howell's Child Care Center, Inc. v. EHNR, Div of Environmental Mgmt. 
Spring Valley Meats, Inc. v. Environment, Health, & Natural Resources 
Jack Griffin v. Dept. of Environment, Health, and Natural Resources 
Wooten Oil Company v. EHNR, Div of Environmental Management 
John G. Owens & J.B.S. Mechanical Svcs, Inc. v. EHNR, Env. Mgmt. 
General Electric Co., Inc. v. EHNR, Env. Mgmt. Comm. &, City/Mebane 

Land Resources 

Wallace B. Clayton, Dr. Marshall Redding v. Div. of Land Resources 
Town of Kernersville (LQS 93-053) v. Environment, Health, & Nat. Res. 
Royce Perry, F^ul Perry v. Dept. of Environment, Health, & Natural Res. 

Marine Fisheries 



91 EHR 0838 


Bee ton 


04/06/94 


93 EHR 0348 


Morgan 


07/22/94 


93 EHR 0924 


Bee ton 


03/03/94 


93 EHR 1391 


Chess 


06/24/94 


93 EHR 1609 


Gray 


12/27/94 


94 EHR 0005 


Reilly 


05/24/94 


94 EHR 0128 


Chess 


07/13/94 


94 EHR 0200 


Nesnow 


04/27/94 


94 EHR 0235 


Nesnow 


07/19/94 


94 EHR 0333 


Reilly 


05/18/94 


94 EHR 1003 


Reilly 


12/07/94 



92 EHR 1797 


Morgan 


05/19/94 


93 EHR 0531 


Chess 


03/21/94 


93 EHR 0955 


West 


11/02/94 


93 EHR 0974 


West 


11/03/94 


93 EHR 1030 


Bee ton 


03/21/94 


94 EHR 0001 


West 


09/30/94 


94 EHR 0024 


Mann 


09/07/94 


94 EHR 1031 


Reilly 


11/30/94 



93 EHR 1407 


Morgan 


08/09/94 




93 EHR 1781 


Chess 


06/29/94 


9:8 NCR 


94 EHR 0525 


Gray 


07/01/94 





9:19 NCR 1595 



581 



Robert I. Swinson, Virginia S. Swinson v. EHNR, Div/Marine Fisheries 

Larry J. Batson v. Division of Marine Fisheries 

David W. Oglesby v. Division of Marine Fisheries 

David E. Oglesby v. Division of Marine Fisheries 

James Goodman v. EHNR, Division of Marine Fisheries 

Billy Ervin Burton v. Division of Marine Fisheries 



93 EHR 0394 


Gray 


04/11/94 






93 EHR 0857 


Morgan 


07/22/94 






93 EHR 0930* 


West 


07/25/94 


9:10 NCR 


758 


93 EHR 0931* 


West 


07/25/94 


9:10 NCR 


758 


94 EHR 0035 


Nesnow 


07/18/94 


9:9 NCR 


660 


94 EHR 0504 


Nesnow 


09/01/94 







Consolidated Cases. 



1676 



NORTH CAROLINA REGISTER 



January 17, 1995 



9:20 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Maternal and Child Health 



WIC Section 



Anthony Awueah v. EHNR, Div. Maternal & Child Health, WIC Section 94 EHR 0718 

Orange Finer Food v. Environment, Health, and Natural Resources 94 EHR 0965 

Salah Helu v. Environment, Health, and Natural Resources 94 EHR 0976 

Solid Waste Management 



Chess 09/23/94 

Reilly 12/19/94 

Reilly 12/20/94 



Roger Sessoms v. EHNR/ Asbestos Hazard Management Branch 93 EHR 095 1 

Bertie Citizens Action Coalition, Inc.; Willard J. Oliver, Reginald Early, 93 EHR 1045 

Herbert Jenkins, Jr., Lindwood Earl Tripp, Willie Warren Tripp, Mary 
Alice Cherry, and Kathy Buiden v. EHNR, Solid Waste Management 
Division, and East Carolina Environmental, Inc., Addington Environmental, 
Inc., et al. 
Bobby Benton v. EHNR & Division of Solid Waste 94 EHR 0442 

HUMAN RESOURCES 



Gray 
Morrison 



Gray 



03/28/94 
04/06/94 



08/22/94 



9:3 NCR 214 



Jerome Triplin v. Department of Human Resources 

Helen J. Walls, Walls \bung World v. Department of Human Resources 

Brenda C. Robinson v. Department of Human Resources 

Betty King v. Department of Human Resources 

Betty Rhodes v. Department of Human Resources 

Mr. & Mrs. Richaid Bullen v. Department of Human Resources 

Distribution Child Support 

Mona L. Stanback v. DHR, Div/Social Svcs, Child Support Enf. Section 
Jachell D. Parker v. Department of Human Resources 
Earleen G. Tinsley v. Department of Human Resources 

Division of Child Development 

Judith Fridley v. Div. of Child Development/ Abuse/Neglect Unit 

DHR, Division of Child Development v. Joyce Gale 

Laureen Holt, fDjjr26-0-00037 v. DHR, Div. of Child Development 

Gloria C. Haith v. Department of Human Resources 

Gloria C. Haith v. Daycare Consultant 

Charles E. Smith v. Department of Human Resources 

Scotfs Loving Day Care & Nursery, Mrs. Willie L. Scon v. DHR 

Belinda K. Mitchell v. Human Resources, Div. of Child Development 

Living Word Day Care, Jonathan Lankford v. Dept. of Human Resources 

David G. Whirled, Pres., Toddleis Academy, Inc. v. Div of Child Dev. 

Miriam C. Kircher v. Human Resources, Div. of Child Development 

Mary T. Hill v. Human Resources, Division of Child Development 

Facility Services 

Laura Harvey Williams v. DHR, Division of Facility Services 

Presbyterian-Orthopaedic Hospital v. Department of Human Resources 

Judy Hoben Wallace v. Department of Human Resources 

Lowell Stafford v. Department of Human Resources 

Willie J. McCombs v. Human Resources, Div. of Facility Services 

Mr. & Mrs. Alvin Wilson v. DHR, Division of Facility Services 

Steve Alan Russell v. DHR, Div. of Facility Svcs, Emergency Med. Svcs 

Certificate of Need Section 



93 DHR 0108 


Reilly 


08/19/94 


93 DHR 0965 


Morgan 


08/11/94 


94 DHR 0365 


West 


06/01/94 


94 DHR 0439 


Chess 


12/15/94 


94 DHR 0501 


Morrison 


06/02/94 


94 DHR 0811 


Bee ton 


11/14/94 



93 DCS 0969 


Morgan 


08/02/94 


93 DCS 0371 


Morgan 


07/14/94 


94 DCS 0651 


Nesnow 


09/15/94 



93 DHR 0973 


Morrison 


03/08/94 


93 DHR 1344 


Gray 


04/28/94 


93 DHR 1549 


Bee ton 


07/13/94 


93 DHR 1707 


Nesnow 


03/22/94 


93 DHR 1787 


Nesnow 


03/14/94 


93 DHR 1797 


Nesnow 


03/21/94 


94 DHR 0106 


Nesnow 


06/29/94 


94 DHR 0119 


Reilly 


06/30/94 


94 DHR 0168 


Nesnow 


03/23/94 


94 DHR 0453 


Mann 


09/23/94 


94 DHR 0615 


Morrison 


11/17/94 


94 DHR 0944 


Chess 


11/16/94 



93 DHR 0391 


Morgan 


08/11/94 


93 DHR 0805 


Reilly 


03/11/94 


93 DHR 0935 


Gray 


05/23/94 


93 DHR 1381 


Gray 


04/15/94 


94 DHR 0430 


Gray 


09/29/94 


94 DHR 0559 


Chess 


08/25/94 


94 DHR 0830 


Gray 


11/28/94 



Charles E. Hunter, Jr., M.D. & Coastal Perfusion Svcs, Inc. v. 

Department of Human Resources, and Wilmington Perfusion 

Corp. and Howard F. Marks, Jr., M.D. 
Cape Fear Memorial Hospital v. Department of Human Resources 93 DHR 1552 



93 DHR 0746 Morgan 04/11/94 



Reilly 



08/15/94 



9:20 



NORTH CAROLINA REGISTER 



January 17, 1995 



1677 



CONTESTED CASE DECISIONS 



AGENCY 



Angel Community Hospital, Inc. v. DHR, Div. of Facility Svcs., Cert./ 
Need Section, and Britthaven, Inc., d/b/a Britthaven of Franklin 

The Carrolton of Fayetteville, Inc. v. Department of Human Resources 
and 

Highland House of Fayetteville, Inc. & Richard R. Allen Sr. v. DHR 

The Carrolton of Fayetteville, Inc. v. Department of Human Resources 
and 

Highland House of Fayetteville, Inc. & Richard R. Allen Sr. v. DHR 

ABC Home Health Services, Inc. v. Human Resources, Div. of Facility 
Services, Certificate of Need Section v. Meeklenbutg Home Health, Inc., 
d/b/a Home Health Professionals of Guilford 

Professional Nursing Services, Inc. and Betty Wallace v. Certificate of 
Need Section, Div. of Facility Services, Human Resources 

and 
Duplin Home Care & Hospice, Inc.; Hometown Hospice, Inc.; Craven County 
Health Dept. Home Health-Hospice Agency; Hospice of Pamlico County, 
Inc.; Hospice of Carteret County; and Comprehensive Home Health Care I, Inc 



CASE 




DATE OF 


PUBLISHED DECISION 


NUMBER 


ALJ 


DECISION 


REGISTER CITATION 


94 DHR 0146 


West 


10/21/94 




94 DHR 0197* 5 


Morgan 


08/11/94 




94 DHR 0198*' 


Morgan 


08/11/94 




94 DHR 0254 


Morrison 


11/17/94 




94 DHR 0609 


West 


11/21/94 





Division of Medical Assistance 



J.R., by and through her agent & Personal Rep., Hank Neal v. DHR 
N.R. by & through her agt & personal rep E.C.J, v. DHR, Medical Assis. 
David Yott v. Department of Human Resources 

Sampson County Memorial Hospital v. DHR, Div of Medical Assistance 
Division of Medical Assistance v. Catawba Cty Dept. of Social Services 
Lu Ann Leidy, MD/Dorothea Dix Hosp. Child & Youth v. Medical Assis. 



93 DHR 0528 


Gray 


04/27/94 


93 DHR 0538 


Chess 


07/01/94 


93 DHR 1113 


Gray 


04/05/94 


93 DHR 1760 


West 


09/07/94 


93 DHR 1778 


West 


03/04/94 


94 DHR 0448 


Chess 


06/21/94 



Division of Social Services 



Evelyn Moore v. Department of Human Resources 

Nathaniel Harrell, Annie Harrcll V. Department of Social Services 

Betty Snipes v. Person County Department of Social Services 



94 DHR 0293 


Reilly 


04/15/94 


94 DHR 0440 


Gray 


06/27/94 


94 DHR 1061 


Gray 


12/16/94 



Child Support Enforcement Section 



Alfred Bennett v. Department of Human Resources 
Shelton Staples v. Department of Human Resources 
Helen Lee Harvell Jones v. Department of Human Resources 
Dalton Felton Sr. v. Department of Human Resources 
Colby S. Hughes v. Department of Human Resources 
Gary Eugene Honeycutt v. Department of Human Resources 
Vicki C. Conn v. Department of Human Resources 
John R. Lossiah v. Department of Human Resources 
Melvin L. Miller Sr. v. Department of Human Resources 
Robert L. Hicks v. Department of Human Resources 
Thomas Sadler v. Department of Human Resources 
Nancy Richardson v. Department of Human Resources 
Frederick C. Buidick Jr. v. Department of Human Resources 
Darryl D. Leedy v. Department of Human Resources 
David M. Fogleman Jr. v. Department of Human Resources 
William Heckstall v. Department of Human Resources 
Luther Hatcher v. Department of Human Resources 
Bryan Jeffrey Cole v. Department of Human Resources 
Anthony E. Bullaid v. Department of Human Resources 
Donald E. Height v. Department of Human Resources 
Dexter L. Chambers v. Department of Human Resources 
Ronald E. Johnson v. Department of Human Resources 
Roger Moore v. Department of Human Resources 
Alvin Lee Martin v. Department of Human Resources 
James J. Malloy v. Department of Human Resources 
Robert Young v. Department of Human Resources 
Henry M. Dillard v. Department of Human Resources 
Vernon Byrd v. Department of Human Resources 
Sherman E. Ames v. Department of Human Resources 
Antonio Townsend v. Department of Human Resources 
Keith M. Gray v. Department of Human Resources 
Troy E. Pinkney v. Department of Human Resources 
Anthony A. Macon v. Department of Human Resources 



90 CSE 1146 


Morgan 


08/11/94 


91 CSE 0660 


Morgan 


08/11/94 


91 CSE 1183 


Morgan 


08/11/94 


92 CSE 0532 


Morgan 


07/13/94 


92 CSE 1199 


Morgan 


08/10/94 


92 CSE 1207 


Morgan 


08/10/94 


92 CSE 1268 


Morgan 


08/10/94 


92 CSE 1345 


Mann 


10/13/94 


92 CSE 1372 


Morgan 


08/10/94 


92 CSE 1591 


Morgan 


08/10/94 


92 CSE 1739 


Bee ton 


10/18/94 


93 CSE 0180 


Chess 


11/22/94 


93 CSE 0227 


Mann 


11/09/94 


93 CSE 0591 


Morgan 


08/11/94 


93 CSE 1074 


Mann 


10/10/94 


93 CSE 1077 


Reilly 


03/14/94 


93 CSE 1082 


Mann 


05/24/94 


93 CSE 1091 


Bee ton 


03/30/94 


93 CSE 1094 


Nesnow 


06/13/94 


93 CSE 1110 


Morgan 


08/11/94 


93 CSE 1 124 


West 


03/28/94 


93 CSE 1125 


Bee ton 


03/30/94 


93 CSE 1127 


Bee ton 


04/14/94 


93 CSE 1 128 


Nesnow 


04/04/94 


93 CSE 1132 


Gray 


10/03/94 


93 CSE 1133 


Reilly 


04/18/94 


93 CSE 1 135 


Nesnow 


06/13/94 


93 CSE 1136 


Beaton 


08/22/94 


93 CSE 1137 


Chess 


11/09/94 


93 CSE 1139 


Bee ton 


03/30/94 


93 CSE 1 140 


Nesnow 


06/28/94 


93 CSE 1148 


Mann 


03/29/94 


93 CSE 1149 


Gray 


04/26/94 



1678 



NORTH CAROLINA REGISTER 



January 17, 1995 



9:20 



CONTESTED CASE DECISIONS 



AGENCY 



Walter Lee Corbett v. Department of Human Resources 

Joseph E. Kernstine v. Department of Human Resources 

Alvin M. Davis v. Department of Human Resources 

Thomas M. Birdwell III v. Department of Human Resources 

Joe Louis Mayo v. Department of Human Resources 

Bobby Lewis Smith v. Department of Human Resources 

Lawrence D. Dean v. Department of Human Resources 

Louis C. Cade v. Department of Human Resources 

Richard J. Swarm v. Department of Human Resources 

Nash Andrew Newsome v. Department of Human Resources 

James E. Watson v. Department of Human Resources 

Robert Lee Barrett v. Department of Human Resources 

Anthony Raynor Sr. v. Department of Human Resources 

Betty A. Williams, Fred E. Jones v. Department of Human Resources 

Jeff A. Taylor v. Department of Human Resources 

Eric G. Sykes v. Department of Human Resources 

John Hagins v. Department of Human Resources 

Terrence D. Timmons v. Department of Human Resources 

Ray A. Johnstone v. Department of Human Resources 

Morris Ray Bethel v. Department of Human Resources 

Willie C. Hollis v. Department of Human Resources 

Edward Boggan v. Department of Human Resources 

Raymond Junior Cagle v. Department of Human Resources 

Ernest N. Pruitt Jr. v. Department of Human Resources 

Michael P. McCay v. Department of Human Resources 

Robert Matthew Rossi v. Department of Human Resources 

Bernadette Cook v. Department of Human Resources 

Rawan Weigel v. Department of Human Resources 

Lem Person v. Department of Human Resources 

Bobby Lee McCulleis Jr. v. Department of Human Resources 

Randall R. Rhodes v. Department of Human Resources 

Glen Nelson Washington v. Department of Human Resources 

Michael V. Dockery v. Department of Human Resources 

Robert Corley Jr. v. Department of Human Resources 

Floyd E. Bailey v. Department of Human Resources 

Dennis W. Nolan v. Department of Human Resources 

Robert Calvin Connor v. Department of Human Resources 

James D. Williams v. Department of Human Resources 

Mahalon Eugene White v. Department of Human Resources 

Marty Franzen v. Department of Human Resources 

Vaughn D. Pearsall v. Department of Human Resources 

Gerald L. Murrell v. Department of Human Resources 

Larry D. Dawson v. Department of Human Resources 

McDaniel Teeter Jr. v. Department of Human Resources 

King D. Graham v. Department of Human Resources 

Brian C. Carelock v. Department of Human Resources 

Bradford C. Lewis v. Department of Human Resources 

Derek Watson v. Department of Human Resources 

Luther Borden v. Department of Human Resources 

Walter B. Lester v. Department of Human Resources 

Wilbert E. Anderson v. Department of Human Resources 

David H. Johnson v. Department of Human Resources 

William Earl Arrington v. Department of Human Resources 

William K. Whisenant v. Department of Human Resources 

Curtis C. Osborne v. Department of Human Resources 

Stanley J. Forsack v. Department of Human Resources 

Larry Cornelius Smith v. Department of Human Resources 

Robert C. Lee Jr. v. Department of Human Resources 

Sidney Ray Tuggle Jr. v. Department of Human Resources 

Michael A. Amos v. Department of Human Resources 

Reginald Eugene Hill v. Department of Human Resources 

Jimmy C. Harvell v. Department of Human Resources 

John Edward Tannehill v. Department of Human Resources 

Benjamin McCormick v. Department of Human Resources 

Steven Connet v. Department of Human Resources 

Gregory N. Winley v. Department of Human Resources 

Ronald Brown v. Department of Human Resources 

David L. Hill v. Department of Human Resources 



CASE 




DATE OF PUBLISHED DECISION 


NUMBER 


ALJ 


DECISION REGISTER CITATION 


93 CSE 1150 


Reilly 


03/30/94 


93 CSE 1151 


Morgan 


07/15/94 


93 CSE 1 152 


Morgan 


08/04/94 


93 CSE 1155 


Morgan 


08/02/94 


93 CSE 1161 


West 


04/19/94 


93 CSE 1162 


Nesnow 


06/16/94 


93 CSE 1165 


Gray 


10/27/94 


93 CSE 1 166 


Morrison 


06/16/94 


93 CSE 1167 


Reilly 


06/17/94 


93 CSE 1170 


Mann 


03/17/94 


93 CSE 1171 


Gray 


04/26/94 


93 CSE 1172 


Morrison 


04/20/94 


93 CSE 1173 


Morrison 


10/27/94 


93 CSE 1178 


Nesnow 


04/20/94 


93 CSE 1180 


Morgan 


07/15/94 


93 CSE 1181 


Bee ton 


04/20/94 


93 CSE 1182 


Mann 


11/14/94 


93 CSE 1183 


Bee ton 


10/11/94 


93 CSE 1186 


Morrison 


10/03/94 


93 CSE 1188 


West 


07/11/94 


93 CSE 1191 


Bee ton 


05/09/94 


93 CSE 1192 


Chess 


09/01/94 


93 CSE 1 194 


Morrison 


10/03/94 


93 CSE 1197 


Nesnow 


06/28/94 


93 CSE 1198 


Morgan 


08/02/94 


93 CSE 1199 


Bee ton 


08/22/94 


93 CSE 1202 


Gray 


04/27/94 


93 CSE 1212 


Gray 


08/26/94 


93 CSE 1214 


Morrison 


06/16/94 


93 CSE 1215 


Reilly 


06/17/94 


93 CSE 1219 


Nesnow 


06/16/94 


93 CSE 1221 


Morgan 


08/02/94 


93 CSE 1222 


Morgan 


07/15/94 


93 CSE 1225 


Chess 


10/05/94 


93 CSE 1227 


Mann 


07/07/94 


93 CSE 1254 


Morrison 


04/27/94 


93 CSE 1258 


West 


04/19/94 


93 CSE 1259 


West 


04/19/94 


93 CSE 1261 


Nesnow 


08/22/94 


93 CSE 1264 


Morgan 


07/15/94 


93 CSE 1267 


Bee ton 


04/20/94 


93 CSE 1271 


Gray 


08/26/94 


93 CSE 1273 


Morrison 


07/07/94 


93 CSE 1274 


Morrison 


06/30/94 


93 CSE 1275 


Bee ton 


05/18/94 


93 CSE 1276 


Mann 


10/13/94 


93 CSE 1278 


Mann 


10/13/94 


93 CSE 1283 


Reilly 


06/30/94 


93 CSE 1284 


West 


06/23/94 


93 CSE 1287 


Nesnow 


06/28/94 


93 CSE 1288 


Nesnow 


10/12/94 


93 CSE 1289 


Mann 


10/14/94 


93 CSE 1290 


Mann 


10/14/94 


93 CSE 1291 


Bee ton 


08/22/94 


93 CSE 1299 


Gray 


09/19/94 


93 CSE 1301 


Morrison 


08/23/94 


93 CSE 1302 


Morrison 


06/30/94 


93 CSE 1303 


Reilly 


06/30/94 


93 CSE 1307 


West 


04/25/94 


93 CSE 1308 


West 


07/15/94 


93 CSE 1309 


West 


10/06/94 


93 CSE 1310 


Nesnow 


10/27/94 


93 CSE 1312 


Nesnow 


10/03/94 


93 CSE 1313 


Morgan 


08/02/94 


93 CSE 1315 


Mann 


10/14/94 


93 CSE 1316 


Bee ton 


06/14/94 


93 CSE 1318 


Bee ton 


06/29/94 


93 CSE 1320 


Chess 


11/08/94 



9:20 



NORTH CAROLINA REGISTER 



January 17, 1995 



1679 



CONTESTED CASE DECISIONS 



AGENCY 



Ronald Fred Metzger V. Department of Human Resources 
James L. Phillips v. Department of Human Resources 
John D. Bryant v. Department of Human Resources 
George Aaron Collins v. Department of Human Resources 
Ricky Glenn Mabe v. Department of Human Resources 
Samuel L. Dodd v. Department of Human Resources 
James W. Smith v. Department of Human Resources 
William A. Sellers v. Department of Human Resources 
Jerry Mclver v. Department of Human Resources 
Johnny B. Little v. Department of Human Resources 
Kenneth W. Cooper v. Department of Human Resources 
Nathan D. Winston v. Department of Human Resources 
Bobby Charles Coleman v. Department of Human Resources 
Anthony Curry v. Department of Human Resources 
Charles W. Norwood Jr. V. Department of Human Resources 
David L. Terry v. Department of Human Resources 
Audwin Lindsay v. Department of Human Resources 
Steven A. Elmquist v. Department of Human Resources 
Kelvin Dean Jackson v. Department of Human Resources 
Jerry R. Gibson v. Department of Human Resources 
Melvin Lewis Griffin v. Department of Human Resources 
Dennis E. Fountain Jr. v. Department of Human Resources 
Mark E. Rogers v. Department of Human Resources 
Daniel J. McDowell v. Department of Human Resources 
Edna VonCannon v. Department of Human Resources 
Darron J. Roberts v. Department of Human Resources 
Ephrom Sparkman Jr. v. Department of Human Resources 
Alton W Ivey v. Department of Human Resources 
Terry James Carothers v. Department of Human Resources 
Terrance Freeman v. Department of Human Resources 
Thomas A. Ayers v. Department of Human Resources 
Daniel Thomas Hefele v. Department of Human Resources 
Gilbert J. Gutierrez v. Department of Human Resources 
Alton D. Johnson v. Department of Human Resources 
Darryl C. Thompson v. Department of Human Resources 
Jeffery E. Holley v. Department of Human Resources 
Chester Sanders v. Department of Human Resources 
Rodney Guyton v. Department of Human Resources 
Nelson Bennett v. Department of Human Resources 
Donald W Clark v. Department of Human Resources 
William E. David Jr. v. Department of Human Resources 
Arthur Lee Carter v. Department of Human Resources 
Frank Reiff v. Department of Human Resources 
Milburn Ray Burton v. Department of Human Resources 
John J. Gabriel v. Department of Human Resources 
Robert Hayes v. Department of Human Resources 
Donald Ray Copeland v. Department of Human Resources 
Clark Anthony Bryant v. Department of Human Resources 
Timothy D. Evans v. Department of Human Resources 
Billy Edward Smith v. Department of Human Resources 
Allen D. Terrell v. Department of Human Resources 
Ray C. Moses v. Department of Human Resources 
Mickey Bridgett v. Department of Human Resources 
Stephen L. Brown v. Department of Human Resources 
David Beduhn v. Department of Human Resources 
Bart Ransom v. Department of Human Resources 
William H. Simpson Sr. v. Department of Human Resources 
Clarence J. Galling Jr. v. Department of Human Resources 
James D. McClure Jr. v. Department of Human Resources 
Timothy E. Stotlar v. Department of Human Resources 
Christopher Ivan Smith v. Department of Human Resources 
Douglas L. Cherrix v. Department of Human Resources 
Billy L. Sneed v. Department of Human Resources 
Dwayne Lamont Thompson v. Department of Human Resources 
Michael Edwin Smith v. Department of Human Resources 
Horace Lee Bass v. Department of Human Resources 
Michael Wilder v. Department of Human Resources 
William Howard Wright v. Department of Human Resources 



CASE 




DATE OF PUBLISHED DECISION 


NUMBER 


AU 


DECISION REGISTER CITATION 


93 CSE 


1323 


Mann 


09/26/94 


93 CSE 


1326 


Reilly 


06/17/94 


93 CSE 


1327 


Reilly 


10/27/94 


93 CSE 


1331 


West 


04/25/94 


93 CSE 


1356 


Mann 


09/26/94 


93 CSE 


1357 


Gray 


03/31/94 


93 CSE 


1358 


Gray 


08/26/94 


93 CSE 


1359 


Morrison 


04/20/94 


93 CSE 


1362 


Reilly 


06/30/94 


93 CSE 


1363 


West 


06/23/94 


93 CSE 


1364 


West 


04/27/94 


93 CSE 


1365 


Nesnow 


07/07/94 


93 CSE 


1368 


Morgan 


08/02/94 


93 CSE 1371 


Chess 


08/18/94 


93 CSE 


1385 


West 


06/13/94 


93 CSE 


1386 


Mann 


05/18/94 


93 CSE 


1390 


Morrison 


07/15/94 


93 CSE 


1392 


Reilly 


04/29/94 


93 CSE 


1394 


West 


06/13/94 


93 CSE 


1411 


Nesnow 


08/24/94 


93 CSE 


1412 


Morgan 


08/02/94 


93 CSE 


1414 


Chess 


05/13/94 


93 CSE 1415 


Mann 


05/03/94 


93 CSE 


1416 


Gray 


09/19/94 


93 CSE 1417 


Morrison 


06/14/94 


93 CSE 


1419 


West 


08/23/94 


93 CSE 


1422 


Morgan 


08/04/94 


93 CSE 


1426 


Mann 


11/18/94 


93 CSE 


1428 


Gray 


10/26/94 


93 CSE 


1430 


Gray 


12/14/94 


93 CSE 


1431 


Morrison 


06/30/94 


93 CSE 


1432 


Morrison 


04/28/94 


93 CSE 


1433 


Morrison 


05/13/94 


93 CSE 


1434 


Reilly 


04/29/94 


93 CSE 


1435 


Reilly 


06/30/94 


93 CSE 


1436 


Reilly 


08/23/94 


93 CSE 


1437 


West 


04/19/94 


93 CSE 1439 


West 


04/21/94 


93 CSE 


1440 


Nesnow 


08/31/94 


93 CSE 1441 


Nesnow 


05/13/94 


93 CSE 


1442 


Nesnow 


05/02/94 


93 CSE 


1445 


Morgan 


08/10/94 


93 CSE 


1448 


Beaton 


08/22/94 


93 CSE 


1449 


Chess 


11/29/94 


93 CSE 


1452 


Chess 


05/16/94 


93 CSE 1453 


Mann 


07/07/94 


93 CSE 


1454 


Mann 


10/10/94 


93 CSE 


1455 


Gray 


06/30/94 


93 CSE 


1460 


Reilly 


04/28/94 


93 CSE 


1461 


West 


04/19/94 


93 CSE 


1463 


Nesnow 


05/02/94 


93 CSE 


1464 


Nesnow 


04/28/94 


93 CSE 


1468 


Bee ton 


05/24/94 


93 CSE 


1470 


Chess 


09/27/94 


93 CSE 


1494 


Gray 


08/30/94 


93 CSE 


1495 


Morrison 


04/29/94 


93 CSE 


1497 


West 


04/19/94 


93 CSE 


1499 


Morgan 


08/02/94 


93 CSE 


1500 


Beaton 


05/13/94 


93 CSE 


1504 


Mann 


11/18/94 


93 CSE 


1510 


Gray 


07/07/94 


93 CSE 


1512 


Gray 


05/13/94 


93 CSE 1514 


Gray 


12/14/94 


93 CSE 


1515 


Morrison 


04/21/94 


93 CSE 1517 


Morrison 


08/26/94 


93 CSE 


1520 


Morrison 


05/13/94 


93 CSE 1521 


Reilly 


04/28/94 


93 CSE 1522 


Reilly 


08/26/94 



1680 



NORTH CAROLINA REGISTER 



January 17, 1995 



9:20 



CONTESTED CASE DECISIONS 



AGENCY 



James A. Cephas v. Department of Human Resources 
Edward E. Furr v. Department of Human Resources 
James Hunsaker v. Department of Human Resources 
James W. Ragsdale v. Department of Human Resources 
Marie E. Campbell v. Department of Human Resources 
Vernon Lamont Weaver v. Department of Human Resources 
Jesse B. McAfee v. Department of Human Resources 
William Ellis v. Department of Human Resources 
Henry A. Harriel Jr. v. Department of Human Resources 
John H. Fortner Jr. v. Department of Human Resources 
Mike Johnson v. Department of Human Resources 
Carl E. Crump v. Department of Human Resources 
Herman F. Jacobs Jr. v. Department of Human Resources 
Barriet Easterling v. Department of Human Resources 
Dorsey L. Johnson v. Department of Human Resources 
Wade A. Burgess v. Department of Human Resources 
Billy Dale Beaney v. Department of Human Resources 
Gregory Harrell v. Department of Human Resources 
James E. Wiggins Sr. v. Department of Human Resources 
Tony A. Draughon v. Department of Human Resources 
Gregory L. Runnier v. Department of Human Resources 
Ruben Jonathan Bostillo v. Department of Human Resources 
Timothy J. Jones v. Department of Human Resources 
Randall E. Hunter v. Department of Human Resources 
Cyrus R. Luallen v. Department of Human Resources 
Willie Hawkins v. Department of Human Resources 
B.A. Sellen v. Department of Human Resources 
John P. Vadas v. Department of Human Resources 
Gary T. Hudson v. Department of Human Resources 
Alton E. Simpson Jr. v. Department of Human Resources 
Johnny T. Usher v. Department of Human Resources 
Tim H. Maxwell v. Department of Human Resources 
Charles Darrell Matthews v. Department of Human Resources 
John William Vance Jr. v. Department of Human Resources 
Bobby R. Sanders v. Department of Human Resources 
Michael S. Rhynes v. Department of Human Resources 
Gerry Bernard Whitfield v. Department of Human Resources 
Denise L. Smith v. Department of Human Resources 
Brian Gilmore v. Department of Human Resources 
Jesse Jeremy Bullock v. Department of Human Resources 
Jeffrey Alston v. Department of Human Resources 
Ronald E. Loweke v. Department of Human Resources 
Robert D. ftrker v. Department of Human Resources 
Charles F. McKirahan Jr. v. Department of Human Resources 
Bennie E. Hicks v. Department of Human Resources 
Herbert Council v. Department of Human Resources 
Richard Rachel v. Department of Human Resources 
Alan V Teubert v. Department of Human Resources 
Henry L. Ward Jr. v. Department of Human Resources 
June V. Pettus v. Department of Human Resources 
Benjamin J. Stroud v. Department of Human Resources 
Charles Leonard Fletcher v. Department of Human Resources 
Tony A. Miles v. Department of Human Resources 
Dwayne L. Allen v. Department of Human Resources 
Earl Newkirk Jr. v. Department of Human Resources 
Reginald Rorie v. Department of Human Resources 
James Edward Penley v. Department of Human Resources 
Joe C. Dean v. Department of Human Resources 
Vernon Bullock v. Department of Human Resources 
Nathaniel L. Hayes v. Department of Human Resources 
Jessie Liles v. Department of Human Resources 
Raymond Scott Eaton v. Department of Human Resources 
Karen M. Stogner v. Department of Human Resources 
Nelson Fowler Jr. v. Department of Human Resources 
Royston D. Blandfbrd HI v. Department of Human Resources 
Kenneth B. Taylor v. Department of Human Resources 
Jeffrey S. Anderson v. Department of Human Resources 
Ronald Erwin Williams v. Department of Human Resources 



CASE 




DATE OF PUBLISHED DECISION 


NUMBER 


ALJ 


DECISION REGISTER CITATION 


93 CSE 1523 


Reilly 


05/13/94 


93 CSE 1524 


Reilly 


06/17/94 


93 CSE 1526 


Chess 


11/08/94 


93 CSE 1528 


Reilly 


10/12/94 


93 CSE 1537 


Nesnow 


05/19/94 


93 CSE 1538 


Nesnow 


09/23/94 


93 CSE 1539 


Nesnow 


09/26/94 


93 CSE 1540 


Morgan 


08/02/94 


93 CSE 1541 


Morgan 


08/04/94 


93 CSE 1542 


Morgan 


08/02/94 


93 CSE 1544 


Morgan 


08/04/94 


93 CSE 1545 


Bee ton 


09/23/94 


93 CSE 1557 


Chess 


09/27/94 


93 CSE 1560 


Mann 


05/18/94 


93 CSE 1565 


Gray 


09/19/94 


93 CSE 1568 


Morrison 


04/28/94 


93 CSE 1569 


Morrison 


05/13/94 


93 CSE 1570 


Morrison 


08/26/94 


93 CSE 1571 


Morrison 


05/13/94 


93 CSE 1572 


Reilly 


07/07/94 


93 CSE 1573 


Reilly 


09/23/94 


93 CSE 1574 


Reilly 


09/01/94 


93 CSE 1576 


West 


04/19/94 


93 CSE 1579 


West 


04/19/94 


93 CSE 1583 


Nesnow 


06/16/94 


93 CSE 1585 


Morgan 


08/02/94 


93 CSE 1586 


Morgan 


08/02/94 


93 CSE 1589 


Bee ton 


11/08/94 


93 CSE 1590 


Bee ton 


09/23/94 


93 CSE 1591 


Becton 


04/20/94 


93 CSE 1592 


Chess 


05/19/94 


93 CSE 1594 


Chess 


06/30/94 


93 CSE 1596 


West 


06/13/94 


93 CSE 1597 


Becton 


05/13/94 


93 CSE 1598 


Nesnow 


07/25/94 


93 CSE 1599 


Nesnow 


06/30/94 


93 CSE 1601 


Gray 


10/14/94 


93 CSE 1603 


Chess 


08/18/94 


93 CSE 1615 


Chess 


05/13/94 


93 CSE 1632 


Morrison 


06/14/94 


93 CSE 1634 


Morrison 


09/28/94 


93 CSE 1635 


Reilly 


06/17/94 


93 CSE 1637 


Reilly 


06/29/94 


93 CSE 1640 


West 


06/14/94 


93 CSE 1641 


Nesnow 


07/25/94 


93 CSE 1643 


Nesnow 


07/25/94 


93 CSE 1644 


Morgan 


08/02/94 


93 CSE 1645 


Morgan 


08/10/94 


93 CSE 1646 


Morgan 


08/02/94 


93 CSE 1647 


Becton 


10/31/94 


93 CSE 1648 


Becton 


05/19/94 


93 CSE 1649 


Becton 


07/20/94 


93 CSE 1654 


Mann 


05/24/94 


93 CSE 1655 


Mann 


05/17/94 


93 CSE 1680 


Morrison 


08/26/94 


93 CSE 1683 


Gray 


10/14/94 


93 CSE 1714 


Mann 


09/26/94 


93 CSE 1715 


Gray 


05/23/94 


93 CSE 1743 


Nesnow 


07/07/94 


93 CSE 1749 


Nesnow 


11/09/94 


93 CSE 1757 


Morgan 


08/02/94 


93 CSE 1761 


Becton 


06/29/94 


93 CSE 1785 


Chess 


11/08/94 


94 CSE 0039 


Mann 


10/10/94 


94 CSE 0095 


West 


04/19/94 


94 CSE 0113 


Becton 


10/11/94 


94 CSE 01 14 


Chess 


11/04/94 


94 CSE 0141 


Becton 


09/23/94 



9:20 



NORTH CAROLINA REGISTER 



January 17, 1995 



1681 



CONTESTED CASE DECISIONS 



ACKM'V 



Michael L. Franks v. Department o( Human Resources 
Donnie W. Craghead v. Department of Human Resources 
Billy D. Gibson v. Department o( Human Resources 
Ronald Garrett v. Department of Human Resources 
Ervin C. Harvey v. Department of Human Resources 
Wanda Jean Lee Daniels v. Department of Human Resources 
Charles E. Colston v. Department of Human Resources 
Daron Wayne Smith v. Department of Human Resources 
Maurice Franks v. Department of Human Resources 
John D. Melton v. Department of Human Resources 
Michael Lynn Jones v. Department of Human Resources 
Dennis Kearney v. Department of Human Resources 
Grayson Kelly Jones v. Department of Human Resources 
Larry Hayes v. Department of Human Resources 
Richaid Eugene Dunn v. Department of Human Resources 
Warren F. Welch v. Department of Human Resources 
Timothy R. Abraham v. Department of Human Resources 
Fred Thompson Jr. v. Department of Human Resources 
Donell Howaid v. Department of Human Resources 
Lee Johnson Tillman v. Department of Human Resources 
Ernest F. Andrews v. Department of Human Resources 

JUSTICE 

Alarm Systems Licensing Board 

Alarm Systems Licensing Boaid v. George P. Baker 
Fatrick P. Sassman v. Alarm Systems Licensing Boaid 
Christopher Pate v. Alarm Systems Licensing Board 
Paul J. Allen V. Alarm Systems Licensing Board 

Private Protective Services Board 

Rex Allen Jefferies v. Private Protective Services Board 
Larry C. Hopkins v. Private Protective Services Board 
Gregory K. Brooks v. Private Protective Services Board 
Stephen M. Rose v. Private Protective Services Board 
Lemuel Lee Clark Jr. v. Private Protective Services Board 
Dexter R. Usher v. Private Protective Services Board 
Frankie L. McKoy v. Private Protective Services Board 
John F. Carmichael v. Private Protective Services Board 
Michael L. Bonner v. Private Protective Services Board 
Edward A. Maguire v. Private Protective Services Board 
Johnny R. Dollar v. Private Protective Services Board 

Training and Standards Division 

Curtiss Lance Poteat v. Criminal Justice Ed. Si. Training Stds. Comm. 
Willie David Moore v. Criminal Justice Ed. & Training Stds. Comm. 
Glenn Travis Stout v. Criminal Justice Ed. & Training Stds. Comm. 
Steven W, Wray v. Sheriffs' Education &. Training Standards Comm. 
J. Stevan North v. Sheriffs' Education & Training Standards Comm. 
Gregory Blake Manning v. Criminal Justice Ed. &. Training Stds. Comm. 
Russell Pinkelton Jr. V, Sheriffs Education & Training Stds. Comm. 
William Franklin Sheetz v. Sheriffs' Education & Training Stds. Comm. 
James M. Buie v. Criminal Justice Ed. & Training Stds. Comm. 
Burns E. Anderson v. Criminal Justice Ed. & Training Stds. Comm. 
Nelson Falcon v. Sheriffs' Education & Training Stds. Comm. 

LABOR 

Ronald D. Rumple D'B/A R&R Lawn Si. Landscaping v. Department 
of Labor, Wage &. Hour Division 

MORTUAJtY SCIENCE 

Mortuary Science v. Perry J. Brown, &. Brown's Funeral Directors 



CASE 




DATE OF PUBLISHED DECISION 


NUMBER 


ALJ 


DECISION REGISTER CITATION 


94 CSE 0142 


Chess 


08/16/94 


94 CSE 0163 


Mann 


09/26/94 


94 CSE 0166 


Mann 


09/26/94 


94 CSE 0227 


Reilly 


08/22/94 


94 CSE 0247 


Bee Ion 


08/22/94 


94 CSE 0266 


Morgan 


08/02/94 


94 CSE 0280 


Reilly 


08/30/94 


94 CSE 0300 


Gray 


06/27/94 


94 CSE 0310 


West 


10/27/94 


94 CSE 0324 


Nesnow 


07/25/94 


94 CSE 0402 


Morgan 


08/02/94 


94 CSE 0411 


Bee ton 


12/13/94 


94 CSE 0433 


West 


09/15/94 


94 CSE 0456 


Nesnow 


08/22/94 


94 CSE 0494 


West 


07/29/94 


94 CSE 0541 


Mann 


11/09/94 


94 CSE 0595 


Reilly 


10/12/94 


94 CSE 0639 


Morrison 


08/31/94 


94 CSE 0672 


Reilly 


10/27/94 


94 CSE 0906 


West 


12/08/94 


94 CSE 1079 


Chess 


12/29/94 



93 DOI 0457 

94 DOJ 0709 
94 DOJ 0710 
94 DOJ 0964 



94 DOL 0956 



93 BMS 0532 



Nesnow 03/10/94 

Chess 09/12/94 

Chess 09/12/94 

West 10/31/94 



93 DOJ 0647 


Reilly 


08/01/94 


93 DOJ 1618 


Morrison 


03/07/94 


94 DOJ 0008 


Nesnow 


06/28/94 


94 DOJ 0359 


Nesnow 


05/19/94 


94 DOJ 0360 


Nesnow 


05/19/94 


94 DOJ 0648 


Reilly 


08/15/94 


94 DOJ 0706 


Chess 


09/09/94 


94 DOJ 0707 


West 


12/01/94 


94 DOJ 0794 


Morrison 


09/14/94 


94 DOJ 0795 


West 


12/09/94 


94 DOJ 0796 


Morrison 


08/24/94 



93 DOJ 0231 


Chess 


03/28/94 




93 DOJ 1071 


Nesnow 


04/11/94 


9:3 NCR 


93 DOJ 1409 


Gray 


03/03/94 




93 DOJ 1803 


Chess 


06/29/94 




94 DOJ 0040 


Chess 


06/16/94 




94 DOJ 0048 


Gray 


03/29/94 




94 DOJ 0118 


Gray 


08/10/94 




94 DOJ 0196 


Chess 


06/16/94 




94 DOJ 0401 


Nesnow 


08/26/94 




94 DOJ 0574 


Bee ton 


10/04/94 


9:15 NCR 


94 DOJ 0611 


Mann 


08/12/94 





Reilly 



Chess 



11/01/94 



03/28/94 



218 



1682 



NORTH CAROLINA REGISTER 



January 17, 1995 



9:20 



CONTESTED CASE DECISIONS 



CASE 
NUMBER 



AGENCY 



PUBLIC EDUCATION 

Christopher Mutch as Guaidian Ad Litem for Angela D. Murch, a Minor 
v. Barbara Richaidson, Admin. Except. Child. Prog.; Craven Cty School 
Sys.; Bradford L. Sneeden, Superintendent 
Nancy Watson v. Board of Education 
Janet L. Wilcox v. Carteret County Boaid of Education 
Annice Granville, Phillip J. Granville v. Onslow County Bd. of Education 
Milt Sherman & Rose Marie Sherman v. Pitt County Board of Education 
Mary Ann Sciullo & Frank Sciullo on behalf of their minor child, 

Samuel W. Sciullo v. State Board of Education 
Wayne Hogwood v. Department of Public Instruction 
Norman Charles Creange v. State Bd. of Ed., Dept. of Public Instruction 

STATE HEALTH BENEFITS OFFICE 

Linda C. Campbell v. Teachers & St Emp Major Medical Plan 
Timothy L. Coggins v. Teachers' &. St Emp Comp Major Med Plan 
Sandra Tatum v. Teachers & State Employees Comp Major Medical Plan 
P.H.B. v. Teachers & State Employees Comp Major Medical Plan 

STATE PERSONNEL 

Michael L. K. Benson v. Office of State Personnel 

Agricultural and Technical State University 

Linda D. Williams v. Agricultural and Technical State University 
Juanita D. Murphy v. Agricultural and Technical State University 
Thomas M. Simpson v. Agricultural and Technical State University 
Pricella M. Curtis v. A&T State University Curriculum & Instruction 



Department of Agriculture 

Donald H. Crawford v. Department of Agriculture 

NC School of the Arts 

Rick McCullough v. Search Comm School/Dance, NC School of the Arts 94 OSP 05 1 1 

Butner Adolescent Treatment Center 

Alvin Lamonte Breeden v. Butner Adolescent Treatment Center 



93 OSP 1690 



94 OSP 0108 



94 OSP 0899 



Catawba County 

Sandra J. Cunningham v. Catawba County 

North Carolina Central University 

Dianna Blackley v. North Carolina Central University 
Ha-Yilyah Ha-She'B v. NCCU 



89 OSP 0494 
93 OSP 0875 



Chapel Hill & Carrhoro City School 

Brenda J. Parker v. Stella Nickerson, Chapel Hill & Carrboro City School 94 OSP 0568 

Cherry Hospital 

Charles F. Fields v. Cherry Hospital 94 OSP 0498 

Gail Marie Rodgers Lincoln v. Cherry Hospital, Goldsboro, NC 27530 94 OSP 0578 



Department of Commerce 

Ruth Daniel-J-ferry v. Department of Commerce 



93 OSP 0725 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



93 EDC 0161 


Mann 


11/28/94 






93 EDC 0234 


Chess 


02/28/94 


9:2 NCR 


108 


93 EDC 0451 


Mann 


02/21/94 






93 EDC 0742 


Mann 


08/01/94 


9:11 NCR 


863 


93 EDC 1617 


West 


11/29/94 






94 EDC 0044 


Gray 


07/22/94 






94 EDC 0653 


West 


10/20/94 


9:16 NCR 


1326 


94 EDC 0737 


Morrison 


11/04/94 







93 INS 0410 


Bee ton 


04/22/94 






93 INS 0929 


Morrison 


03/04/94 






94 INS 0028 


Gray 


10/25/94 


9:16 NCR 


1331 


94 INS 0345 


Gray 


08/23/94 


9:12 NCR 


945 



Nesnow 



08/23/94 



93 OSP 0089 


Chess 


03/23/94 


93 OSP 0708 


Morrison 


03/16/94 


93 OSP 1393 


Gray 


03/24/94 


94 OSP 0748 


Gray 


08/17/94 



Reilly 



West 



Nesnow 



05/23/94 



10/14/94 



10/12/94 



93 OSP 1097 Reilly 04/29/94 



Nesnow 09/14/94 
Becton 04/13/94 



West 10/06/94 



Morrison 06/15/94 
West 10/07/94 



Chess 03/04/94 



9:4 NCR 292 



9:3 NCR 211 



9:1 NCR 63 



9:20 



NORTH CAROLINA REGISTER 



January 17, 1995 



1683 



CONTESTED CASE DECISIONS 



AGENCY 



Department of Correction 

Leland K. Williams v. Department of Correction 

Elroy Lewis v. Nurth Central Area - Dept of Correction, Robert Lewis 

Steven R. Kellison v. Department of Correction 

Bert Esworthy v. Department of Correction 

James J. Lewis v. Department of Correction 

Merron Burrus v. Department of Correction 

Lewis Alsbrook v. Department of Correction, Morrison Youth Institution 

Junius C. fege v. Dept. of Correction, Secy 1 . Franklin Freeman 

Grady Butler, Jr. v. Correction, Div. /Prisons, Sampson Cty Ctl Laundry 

Richard Hopkins v. Department of Correction 

Alfred B. Hunt v. Department of Correction 

Charles Home v. Equal Emp. Opportunity Officer &. Dept. of Correction 

Adrian E. Graham v. Intensive Probation/Farole 

E. Wayne Irvin, D.D.S. v. Div. of Prisons, Department of Correction 

Thomas W Creswell, Lisa K. Bradley v. Department of Correction 

Thomas W. Creswell, Lisa K. Bradley v. Department of Correction 

Barry Lee Clark v. Department of Correction 

Clyde M. Walker v. Department of Correction, Div. of Prisons 

Marietta A. Staneil v. Department of Correction 

Edward E. Hodge v. Department of Correction 

Phyllis K. Cameron v. Department of Correction 

Brenda Yvonne Ewell v. Department of Correction 

Debra D. McKoy v. Department of Correction 

Eastern Correctional Institution 

Roy A. Keel & Zebedee Taylor v. Eastern Correctional Institution 
Roy A. Keel &. Zebedee Taylor v. Eastern Correctional Institution 

Guilford Correctional Center 

Ann R. Williams v. Guilford Correctional Center #4440 

McDowell Correctional Center 



CASE 
NUMBER 



AJU? 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



91 OSP 1287 


Chess 


02/22/94 




92 OSP 1770 


Bee ton 


05/24/94 


9:6 NCR 


93 OSP 0283 


Chess 


06/15/94 




93 OSP 0711 


Chess 


04/21/94 




93 OSP 1121 


West 


08/31/94 




93 OSP 1145 


West 


09/30/94 




93 OSP 1739 


West 


07/20/94 




93 OSP 1794 


Mann 


07/08/94 




93 OSP 1804 


West 


11/30/94 




94 OSP 0041 


Chess 


06/16/94 




94 OSP 0243 


Reilly 


04/20/94 




94 OSP 0244 


Nesnow 


06/16/94 




94 OSP 0261 


Morrison 


04/26/94 




94 OSP 0334 


Chess 


10/03/94 




94 OSP 0407* 


Chess 


09/28/94 




94 OSP 0408** 


Chess 


09/28/94 




94 OSP 0437 


Chess 


09/12/94 




94 OSP 0476 


West 


12/30/94 




94 OSP 0652 


West 


11/22/94 




94 OSP 0829 


Nesnow 


09/15/94 




94 OSP 0896 


Nesnow 


10/27/94 




94 OSP 0959 


Gray 


12/12/94 




94 OSP 0960 


Gray 


12/12/94 





94 OSP 0160** 
94 OSP 0256** 



94 OSP 0428 



Nesnow 

Nesnow 



West 



07/20/94 

07/20/94 



06/22/94 



395 



Michael Junior Logan v. Kenneth L. Setzer, McDowell Corr. Ctr. 
Polk Youth Institution 



94 OSP 0546 



Gray 



09/01/94 



Joseph Mark Lewanowicz v. Department of Correction, Polk Youth Inst. 
Cosmetic Art Examiners 



94 OSP 0926 



Nesnow 



11/07/94 



Mary Quaintance v. N.C. State Board of Cosmetic Art Examiners 

Department of Crime Control and Public Safety 

Don R. Massenburg v. Department of Crime Control &. Public Safety 

Fred L. Kearney v. Department of Crime Control & Public Safety 

J.D. Booth v. Department of Crime Control &. Public Safety 

Sylvia Nance v. Department of Crime Control & Public Safety 

Jerry Lewis v. Dept. of Crime Control &. Public Safety, Highway fctrol 

Anthony R. Butler v. Highway Patrol 

Ruth P. Belcher v. Crime Control &. Public Safety, State Highway Patrol 

Lewis G. Baker v. Crime Control &. Public Safety, Office Adj. General 

William Smith v. State Highway Patrol 

Delores Y. Bryant v. Crime Control &. Public Safety 

Dorothea Dix Hospital 

Bettie Louise Boykin v. Dorothea Dix Hospital 

Ernest Akpaka v. Scott Stephens, Dorothea Dix Hospital 

Durham County Health Department 

Ly 11a Denell Stockton v. Durham County Health Department 



94 OSP 0372 



Chess 



06/14/94 



90 OSP 0239 


Chess 


04/28/94 


91 OSP 0401 


West 


03/18/94 


92 OSP 0953 


Morrison 


10/18/94 


92 OSP 1463 


Reilly 


03/21/94 


93 OSP 1058 


West 


12/30/94 


93 OSP 1079 


West 


08/30/94 


94 OSP 0190 


Gray 


09/06/94 


94 OSP 0572 


Mann 


07/12/94 


94 OSP 0816 


Morrison 


09/09/94 


94 OSP 0986 


Gray 


12/14/94 



94 OSP 0831 
94 OSP 0962 



93 OSP 1780 



Nesnow 
Gray 



Gray 



09/28/94 
11/01/94 



05/25/94 



1684 



NORTH CAROLINA REGISTER 



January 17, 1995 



9:20 



CONTESTED CASE DECISIONS 



AGENCY 



East Carolina School of Medicine 

Gloria Dianne Burroughs v. ECU School of Medicine 
Lillie Mercer Atkinson v. ECU, Dept of Comp. Med. , 

Dr. William H. Pryor Jr., Sheila Church 
William Lee Perkins v. ECU Sch of Med. Comp. Med. L. Blankcnship, 

Tammy Barnes, Wm Pyroe 

East Carolina University 

Lois Toler Wilson v. East Carolina University 

Elizabeth City Slate University 

James Charles Knox v. Elizabeth City State University 

Employment Security Commission of North Carolina 

Dan G. Smith v. Employment Security Commission of N.C. 
Rejeanne B. LeFrancois v. Employment Security Commission of N.C. 

Department of Environment, Health, and Natural Resources 

Steven P. Karasinski v. Environment, Health, and Natural Resources 

Division of Marine Fisheries 

William D. Nicely v. Environment, Health, & Natural Resources 

Fayetteville State University 

Bessie Carpenter Locus v. Fayetteville State University 
Roscoe L. Williams v. Fayetteville State University 

Department of Human Resources 

Inez Latta v. Department of Human Resources 

Charla S. Davis v. Department of Human Resources 

Rose Mary Taylor v. Department of Human Resources, Murdoch Center 

David R. Rodgers v. Jimmy Summerville, Stonewall Jackson School 

Dr. Patricia Sokol v. James B. Hunt, Governor and Human Resources 

Bruce B. Blackmon, M.D. v. DHR, Disability Determination Services 

Craven County Department of Social Services 

Shirley A. Holland v. Craven Cty. Dcpt. /Social Services & Craven Cty. 
Nettie Jane Godwin (Lawhorn) v. Craven Cty. DSS & Craven Cty. 
Violet P. Kelly v. Craven Cty. Dept. of Social Services & Craven Cty. 

Durham County Department of Social Senices 

Belinda F. Jones v. Daniel Hudgins, Durham Cty Dept of Social Svcs 
Ralph A. Williams v. Durham County Department of Social Services 

Haywood County Department of Social Services 
Dorothy Morrow v. Haywood County Department of Social Services 

Pamlico County Department of Social Services 
Mrs. Dietra C. Jones v. Pamlico Department of Social Services 

Lee County Health Department 
James Shacklekin v. Lee County Health Department 



CASE 
NUMBER 



94 OSP 0143 



94 OSP 0207 



93 OSP 0865 
93 OSP 1069 



93 OSP 0940 



92 OSP 1454 



86 OSP 0202 
93 OSP 0487 



93 OSP 0728 

94 OSP 0167 



94 OSP 0186 



94 OSP 0251 



94 OSP 0344 



ALJ 



DATE OF 
DECISION 



93 OSP 0909 


Bee ton 


10/26/94 


94 OSP 0162 


Gray 


10/06/94 


94 OSP 0741 


West 


09/30/94 



Gray 



Gray 



Bee ton 
West 



West 



Bee ton 



Morrison 
West 



12/06/94 



06/17/94 



11/23/94 
04/08/94 



09/02/94 



05/04/94 



11/18/94 
06/22/94 



93 OSP 0830 


Bee ton 


03/28/94 


93 OSP 1762 


Gray 


03/03/94 


93 OSP 0047 


Gray 


05/06/94 


94 OSP 0087 


Chess 


03/16/94 


94 OSP 0357 


Chess 


08/22/94 


94 OSP 0410 


Nesnow 


09/14/94 



93 OSP 1606 


Gray 


07/01/94 


93 OSP 1607 


Gray 


07/18/94 


93 OSP 1805 


Reilly 


07/05/94 



Chess 
Reilly 



West 



Chess 



Gray 



04/11/94 
09/13/94 



06/17/94 



08/09/94 



08/17/94 



PUBLISHED DECISION 
REGISTER CITATION 



9:19 NCR 1591 



9:5 NCR 333 



9:18 NCR 1500 



9:9 NCR 655 



9:20 



NORTH CAROLINA REGISTER 



January 17, 1995 



1685 



CONTESTED CASE DECISIONS 








CASE 




DATE OF 


PUBLISHED DECISION 




AGENCY NUMBER 


ALJ 


DECISION 


REGISTER CITATION 




Medical Assistance 










Delorcs Y. Bryant v. DHR, Division of Medical Assistance 94 OSP 0991 


Gray 


10/27/94 






Delorcs Y. Bryant v. DHR, Division of Medical Assistance 94 OSP 0992 


Gray 


10/27/94 






Mental Health/Menial Retardation 










Yvonne G. Johnson v. Blue Ridge Mental Health 93 OSP 1604 


Bee ton 


03/18/94 






Senices for the Blind 











Donna L. Williams v. DHR, Division of Services for the Blind 



93 OSP 1610 Morrison 10/25/94 



Vhke County Mental Health, Developmental Disabilities, and Substance Abuse Senices 



Julia Morgan Brannon v. Wake County MH/DD/SAS 
Wzyne County Department of Social Senices 

Brently Jean Cart, Nancy Carol Carter v. Wayne County/Wayne 

County Department of Social Services 
Brently Jean Carr, Nancy Carol Carter v. Wayne County/V*ayne 

County Department of Social Services 

Youth Senices 

David R. Rodgers v. DHR, Di v. /Youth Services, Stonewall Jackson Sch. 

Justice 

Delores Y. Bryant v. Department of Justice 

Public Instruction 

Elaine M. Sills v. Department of Public Instruction 
Delores Y. Bryant v. Department of Public Instruction 
Delorcs Y. Bryant v. Department of Public Instruction 

Real Estate Appraisal Board 

Earl Hansford Grubbs v. Appraisal Board 

Smoky Mountain Center 

Betty C. Bradley v. Smoky Mountain Center 

N.C State University 

Laura K. Reynolds v. N.C. State University - Dept. of Public Safety 

Ashraf G. Khali! v. N.C.S.U 

Robin Lazenby Boyd v. NC State University Human Res. /Seafood Lab 

Department of Transportation 

Phyllis W. Newnam v. Department of Transportation 

Glenn I. Hodge Jr. v. Samuel Hunt, Secy. Dept. of Transportation 

Glenn I. Hodge Jr. v. Samuel Hunt, Sec'y. Dept. of Transportation 

Betsy Johnston Powell v. Department of Transportation 

Arnold Craig v. Samuel Hunt, Secretary Department of Transportation 

Susan H. Cole v. Department of Transportation, Div. of Motor Vehicles 

Susan H. Cole v. Department of Transportation, Div. of Motor Vehicles 

Clyde Lem Hairston v. Department of Transportation 

Angela Trueblood Westmoreland v. Department of Transportation 

Bobby R. Mayo v. Department of Transportation 

Tony Lee Curtis v. Department of Transportation 

Darrell H. Wise v. Department of Transportation 

Henry C. Puegh v. Department of Transportation 

Kenneth Ray Harvey v. Department of Transportation 



94 OSP 0214 



Reilly 



94 OSP 0539** Mann 
94 OSP 0540** Mann 



94 OSP 0306 



94 OSP 0984 



Chess 



Gray 



04/14/94 



11/07/94 
11/07/94 



10/24/94 



10/27/94 



94 OSP 0781 


Gray 


10/06/94 


94 OSP 0981 


Gray 


11/28/94 


94 OSP 0982 


Gray 


11/28/94 



94 OSP 0753 



93 OSP 1505 



Nesnow 



Bee ton 



08/24/94 



09/26/94 



92 OSP 0828 


Morgan 


05/26/94 


93 OSP 1666 


Nesnow 


09/19/94 


94 OSP 0779 


Nesnow 


12/01/94 



9:14 NCR 1141 



92 OSP 1799 


Morgan 


08/11/94 






93 OSP 0297* 1 


Morrison 


03/10/94 


9:1 NCR 


00 


93 OSP 0500* 1 


Morrison 


03/10/94 


9:1 NCR 


60 


93 OSP 0550 


Morrison 


03/28/94 






93 OSP 0586 


Nesnow 


07/11/94 






93 OSP 0908 


Morrison 


07/15/94 






93 OSP 0908 


Morrison 


10/07/94 






93 OSP 0944 


Chess 


02/28/94 






93 OSP 1001 


Morrison 


09/30/94 


9:14 NCR 


1136 


93 OSP 1004 


Nesnow 


09/01/94 






93 OSP 1037 


Reilly 


08/26/94 






93 OSP 1353 


Gray 


07/26/94 






93 OSP 1710 


Nesnow 


05/24/94 






94 OSP 0423 


Morrison 


08/17/94 







1686 



NORTH CAROLINA REGISTER 



January 17, 1995 



9:20 



CONTESTED CASE DECISIONS 



AGENCY 



Jean Williams v. Department of Transportation 

R. Stanley Morgan v. Department of Transportetion 

Bobby R. Mayo v. Department of Transportation 

A. Dean Bridges v. Department of Transportation 

Michael Bryant v. Department of Transportation 

Pearlie M. Simuel-Johnson v. Department of TransporQtion 

University of North Carolina at Chapel Hill 

William Paul Fearrington v. University of North Carolina at Chapel Hill 
Paillette M. McKoy v. University of North Carolina at Chapel Hill 
paulette M. McKay v. University of North Carolina at Chapel Hill 
Eric W. Browning v. UNC-Chapel Hill 
Beth Anne Miller, R.N.-C v. UNC James A. Taylor Std Health Svc. 

University of North Carolina at Greensboro 

James S. Wilkinson v. UNCG Police Agency 

UNC Hospitals 

Barry Alonzo Nichols v. UNC Hospitals Central Dist. Sect. 

Wake County School System 

Lula Mae Freeman v. Wake County School System 

The WKtater School 

Dwayne R. Cooke v. The Whitaker School 

Winsion-Sulem State University 

David Phillip Davis v. Winston-Salem State University 

Tonny M. Jarrett v. Winston-Salem State University Campus Police 

STATE TREASURER 

Retirement Systems Division 

Molly Wiebenson v. Bd. /Trustees/Teachers' & State Employees' Ret. Sys. 
Judith A. Dorman v. Bd./Trustees/Teachets' & State Employees' Ret. Sys. 
Nathan Fields v. Bd./Trustees/Teacheis' & State Employees' Ret. Sys. 
John C. Russell v. Bd. /Trustees/Teachers' & State Employees' Ret. Sys. 
Marion Franklin Howell v. Teachers' & State Employees' Retirement Sys. 
Robert A. Slade v. Bd./Trustees/N.C. Local Govtl. Emp. Ret. System 
Connie B. Grant v. Bd. /Trustees/Teachers' & State Employees' Ret. Sys. 
James E. Walker, Ind. & Admin for the Estate of Sarah S. Walker v. Bd./ 

Trustees/N.C. Local Govt. Emp. Ret. System 
Elizabeth M. Dudley v. Bd. /Trustees/Teachers' & State Emps' Ret. Sys. 
Kenneth A. Glenn v. Bd. /Trustees/Teachers' & St Employees' Ret. Sys. 
Joseph Fulton v. Bd. /Trustees/Teachers' & State Employees' Ret. Sys. 
Deborah W. Stewart v. Bd. /Trustees/Teachers' & State Employees' 

Ret. Sys. and Anthony L. Hope & Derrick L. Hope 

TRANSPORTATION 



Taylor & Murphy Construction Co. , Inc. v. Department of Transportation 93 DOT 1404 
US. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 

Robert Tolbert v. U.S. Equal Employment Opportunity Commission 94 USE 1410 

UNIVERSITY OF NORTH CAROLINA 



CASE 




DATE OF 


PUBLISHED DECISION 


NUMBER 


AL.I 


DECISION 


REGISTER CITATION 


94 OSP 0502 


Morrison 


11/22/94 


9:18 NCR 1504 


94 OSP 0586** 


Reilly 


12/13/94 




94 OSP 0632 


Gray 


08/23/94 




94 OSP 0654** 


Reilly 


12/13/94 




94 OSP 0728 


Chess 


08/15/94 




94 OSP 0844 


Gray 


11/14/94 





91 OSP 0905 


Reilly 


10/19/94 


92 OSP 0380* 7 


Bee ton 


10/24/94 


92 OSP 0792* 7 


Bee ton 


10/24/94 


93 OSP 0925 


Morrison 


05/03/94 


94 OSP 0800 


Nesnow 


09/26/94 



93 OSP 0850 



94 OSP 0509 



94 OSP 0576 



94 OSP 0328 



93 OSP 0947 
93 OSP 0953 



Heather Anne Porter v. State Residence Committee 
Nixon Omolodun v. UNC Physicians and Associates 



92 UNC 0799 
94 UNC 0295 



Chess 



08/22/94 



Morrison 06/15/94 



Morrison 06/28/94 



Chess 



Reilly 
Reilly 



06/02/94 



09/28/94 
09/12/94 



Chess 08/24/94 



Gray 12/14/94 



Nesnow 08/23/94 
Chess 06/27/94 



9:5 NCR 342 



92 DST 0015 


Morgan 


05/26/94 


9:6 NCR 


403 


92 DST 0223 


Morgan 


08/11/94 






93 DST 0161 


Morrison 


05/18/94 






93 DST 0164 


West 


03/07/94 






93 DST 0475 


Nesnow 


08/04/94 


9:12 NCR 


941 


93 DST 0785 


Bee ton 


03/18/94 


9:1 NCR 


68 


93 DST 0883 


Chess 


06/15/94 






93 DST 1054 


Becton 


05/31/94 


9:7 NCR 


490 


93 DST 1474 


Nesnow 


03/28/94 






93 DST 1612 


Morrison 


05/18/94 






93 DST 1731 


Becton 


05/25/94 






94 DST 0045 


Nesnow 


07/25/94 


9:10 NCR 


768 



9:20 



NORTH CAROLINA REGISTER 



January 17, 1995 



1687 



CONTESTED CASE DECISIONS 



STATE OF NORTH CAROLINA 
COUNTY OF MECKLENBURG 



IN THE OFFICE OF 

ADMINISTRATIVE HEARINGS 

93 EHR 1019 



ROBERT, STEPHANIE AND JOSHUA CAMPBELL, 
Petitioners, 



DEPARTMENT OF ENVHtONMENT, HEALTH, 
AND NATURAL RESOURCES; AND 
CHILDREN'S SPECIAL HEALTH SERVICES, 
Respondent. 




This matter was heard before Brenda B. Becton, Administrative Law Judge, on October 5, 1994, in 
Charlotte, North Carolina. At the conclusion of the hearing, the parties were afforded an opportunity to file 
written post hearing submissions. 



For Petitioner: 



For Respondent: 



APPEARANCES 

KNOX, KNOX, FREEMAN & BROTHERTON, 

Attorneys at Law, Charlotte, North Carolina; Bobby L. Bollinger, Jr. appearing. 

John P. Barkley, Assistant Attorney 

General, N.C. Department of Justice, Raleigh, North Carolina. 



ISSUE 

Whether the Campbells met the requirements for obtaining post-adoption coverage for Joshua. 

RULES AT ISSUE 

15A NCAC 21 F .0800 
15A NCAC 24A .0200 

Based upon official documents in the file, sworn testimony of the witnesses, stipulations of the parties, 
and other competent and admissible evidence, the undersigned makes the following: 

FINDINGS OF FACT 

Robert and Stephanie Campbell are adoptive parents of Joshua Campbell. 
Joshua Campbell was born on October 25, 1989. 



1. 

2. 
3. 

4. 
5. 



Robert and Stephanie Campbell received Joshua on November 21, 1990 when Joshua was several 
months old. 

Joshua was flown in from Korea and his adoption was arranged through an out of State agency. 

Joshua has cerebral palsy. 



1688 



NORTH CAROLINA REGISTER 



January 17, 1995 



9:20 



CONTESTED CASE DECISIONS 



Stephanie Campbell learned of the Children's Special Health Services program from a friend at a 
support group who had also adopted a disabled child. 

Mrs. Campbell first called and then went to see Margie Gray, an employee of the Mecklenburg 
County Health Department about the Children's Specialized Health Services program. 

8. On March 6, 1991, Robert and Stephanie applied for the Children's Specialized Health Services 

program by filling out the forms provided by Ms. Gray, including a "financial eligibility application" 
(form DHS3014-3). 

Joshua Campbell was approved as a "family of one" for inpatient and outpatient Children's Special 
Health Services by the Respondent for the time period of March 6, 1991 through March 5, 1992. 
A Financial Eligibility Status form (DEHNR 3507) was issued by the Respondent on April 8, 1991. 

10. When Mrs. Campbell completed the forms provided by Ms. Gray, she thought, based on the 
information she had received, that she had done all that was required in order to assure that Joshua 
would receive post-adoption coverage. 

11. Ms. Gray did not tell Mrs. Campbell about any other forms that needed to be filled out or any 
additional steps that needed to be taken in order to assure post-adoption coverage for Joshua, but she 
did mention that annual re-certification would be necessary. 

12. At no time prior to the final order of adoption did the Petitioners receive any information that Joshua 
might not be eligible for post-adoption coverage. 

13. On February 6, 1992, the final order of adoption was entered. 

14. Prior to adoption Joshua was not in the custody of a County Department of Social Services or of an 
adoption agency licensed in the State of North Carolina. 

15. During the period of eligibility from March 6, 1991 through March 5, 1992, the Petitioners purchased 
a "cube chair" for Joshua and submitted the bill to the Respondent. That bill, in the approximate 
amount of $300.00, was eventually approved and paid by the Respondent. 

16. On March 6, 1992, the Petitioner parents applied for re-certification for Children's Specialized Health 
Services coverage on behalf of Joshua. The Petitioner, Robert Campbell, executed and signed a 
"financial eligibility application" that was sent to him by Elizabeth Pifer from North Carolina 
Vocational Rehabilitation in Charlotte. This form already included the notation that the "child was 
certified prior to adoption" when Mr. Campbell received it. 

17. Shortly thereafter, in a telephone conversation with Michael Clements, a Public Health Social Work 
Consultant with the Respondent, the Petitioners were advised that the income earned by them at their 
respective jobs would render Joshua financially ineligible for benefits from the Children's Special 
Health Services Division. 

18. At approximately the same time that they spoke with Mr. Clements, the Petitioners received a 
document entitled "Reply to Request for Service" dated March 31, 1992. This document stated that 
the Petitioners' request for service could not be approved without a financial eligibility form executed 
by Robert and Stephanie Campbell and further noted that "financial eligibility based on family income 
will be required." 

19. In April, 1992, Robert and Stephanie Campbell had a combined gross income of approximately 
$60,000.00 and they knew from talking with Michael Clements that they would not be financially 
eligible for Children's Special Health Services as a family of three. 



9:20 NORTH CAROLINA REGISTER January 17, 1995 1689 



CONTESTED CASE DECISIONS 



20. Mr. and Mrs. Campbell were unaware of the Respondent's regulation that requires that a child must 
be in the custody of Social Services or a State licensed adoption agency prior to the final order of 
adoption being entered in order for the child to be eligible for post-adoption services. If the 
Campbells had been informed of this requirement, they would have investigated the possibility of 
having custody placed with such an institution in order to ensure Joshua's eligibility for the medical 
coverage provided by Children's Special Health Services. 

21. 15A NCAC 24A .0202(f)(2) (1994) provides that the financial eligibility requirements of that 
subchapter shall not apply to "Children's Special Health Services when the requirements of 15A 
NCAC 21F .0800 are met." 

22. 15A NCAC 21 F .0801(a) (1991) provides as follows: 

If the requirements of this Section are met, a child with a supported medical 
condition shall, after adoption, be considered a family of one under 15A 
NCAC 24A .0204(c) for purposes of determining financial eligibility for 
program support. 

23. 15A NCAC 21 F .0802 (1991) provides as follows: 

To be eligible for program support, the child must meet the following requirements: 

(1) The child must be in the custody of a county department of social 
services or an adoption agency licensed in the State of North 
Carolina; 

(2) The child must have a program supported medical condition as 
provided in Rule .0303 of this Subchapter. 

24. 15A NCAC 21F .0804(b) (1991) provides that applications for post-adoption coverage shall be made 
by the agency having legal responsibility for the child. 

25. 15A NCAC 21F .0804(c) (1991) provides that "Program review and approval, or disapproval, shall 
be made prior to the final court order for adoption in accordance with Rule .0801 of this Section." 

26. The purpose for Children's Special Health Services agreeing to cover certain medical interventions 
is to facilitate the adoption of children with certain medical diagnoses. 

Based on the foregoing Findings of Fact, the undersigned Administrative Law Judge makes the 
following: 

CONCLUSIONS OF LAW 

1 . The financial eligibility requirements of the subchapter of the North Carolina Administrative Code 
that deals with eligibility determinations do not apply to applicants for Children's Special Health 
Services when the requirements of 15A NCAC 21 F .0800 dealing with adoptions are met. 15A 
NCAC 24A .0202(f)(2). 

2. In order to meet the requirements of 15A NCAC 21 F .0800, a child must be in the custody of a 
county department of social services or an adoption agency that is licensed in North Carolina and the 
child must have one of the medical conditions cited in another portion of the code. The application 
for post-adoption coverage is to be made by the agency having legal responsibility for the child and 
the application must be made and approved prior to the final court order for adoption. 15A NCAC 
21F .0802, .0804(b), .0804(c). 

3. There is no dispute about whether Joshua Campbell has disabilities which would be covered if he 
meets the other criteria for coverage. 



1690 NORTH CAROLINA REGISTER January 17, 1995 9:20 



CONTESTED CASE DECISIONS 



4. Since Joshua was never in the custody of a county department of social services or an adoption agency 
licensed by the State, he does not meet one of the criteria necessary for coverage. 

5. The Petitioners argue that excluding coverage for Joshua based upon who had custody is 
discriminatory and violates the Americans with Disabilities Act. All of the children served by 
Children's Special Health Services have disabilities. Therefore, Joshua is not being discriminated 
against on the basis of his disability. Joshua is being treated differently due to the circumstances of 
his adoption. Joshua does not fall within that category of difficult to place children with disabilities 
who are in the custody of a county department of social services or State licensed adoption agency. 

6. Not all distinctions are outlawed by our laws against discrimination. When the state has a rational 
basis for making distinctions, such distinctions are not necessarily frowned upon. Here, the 
underlying purpose for offering to pay for certain categories of medical expenses for adoptable 
children with disabilities is to encourage families to adopt these children. Joshua's situation is an 
example of a case where no such extra incentive was necessary to induce Robert and Stephanie 
Campbell to open their hearts and home to a child with special needs. While the medical coverage 
offered by Children's Special Health Services would lessen the financial burden the Campbells will 
incur, it was not an inducement for their decision to adopt a child with disabilities. 

7. Extending coverage to children like Joshua who are fortunate enough to find adoptive parents whether 
or not they are served by the programs provided by Children's Special Health Services would not in 
any way further the purpose that the Children's Special Health Services program was created to serve. 

8. Joshua Campbell is not eligible to be treated as a family of one pursuant to 15A NCAC 2 IF .0800, 
and consequently, he is not eligible for Children's Special Health Services. 

RECOMMENDED DECISION 

The North Carolina Department of Environment, Health, and Natural Resources will make the Final 
Decision in this contested case. It is recommended that the agency adopt the Findings of Fact and Conclusions 
of Law set forth above and find that Joshua Campbell is not eligible to be treated as a family of one pursuant 
to 15A NCAC 2 IF .0800, and that the Respondent has acted in accordance with the rules by which it is 
governed. 

ORDER 

It is hereby ordered that the agency serve a copy of the Final Decision on the Office of Administrative 
Hearings, RO. Drawer 27447, Raleigh, N.C. 27611-7447, in accordance with North Carolina General 
Statutes section 150B-36(b). 

NOTICE 

Before the North Carolina Department of Environment, Health, and Natural Resources makes the 
FINAL DECISION, it is required by North Carolina General Statutes section 150B-36(a) to give each party 
an opportunity to file exceptions to this RECOMMENDED DECISION, and to present written arguments to 
those in the agency who will make the final decision. 

The agency is required by North Carolina General Statutes section 150B-36(b) to serve a copy of the 
Final Decision on all parties and to furnish a copy to the Parties' attorney of record. 

This the 28th day of December, 1994. 



Brenda B. Becton 
Administrative Law Judge 



9:20 NORTH CAROLINA REGISTER January 17, 1995 1691 



NORTH CAROLINA ADMINISTRATIVE CODE CLASSIFICATION SYSTEM 



J he North Carolina Administrative Code (NCAC) has four major subdivisions of rules. Two of these, 
titles and chapters, are mandatory. The major subdivision of the NCAC is the title. Each major 
department in the North Carolina executive branch of government has been assigned a title number. 
Titles are further broken down into chapters which shall be numerical in order. The other two, 
subchapters and sections are optional subdivisions to be used by agencies when appropriate. 



TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMINISTRATIVE CODE 
TITLE DEPARTMENT LICENSING BOARDS CHAPTER 



1 


Administration 


Acupuncture 


1 


2 


Agriculture 


Architecture 


2 


3 


Auditor 


Auctioneers 


4 


4 


Commerce 


Barber Examiners 


6 


5 


Correction 


Certified Public Accountant Examiners 


8 


6 


Council of State 


Chiropractic Examiners 


10 


7 


Cultural Resources 


General Contractors 


12 


8 


Elections 


Cosmetic Art Examiners 


14 


9 


Governor 


Dental Examiners 


16 


10 


Human Resources 


Dietetics/Nutrition 


17 


11 


Insurance 


Electrical Contractors 


18 


12 


Justice 


Electrolysis 


19 


13 


Labor 


Foresters 


20 


14A 


Crime Control & Public Safety 


Geologists 


21 


15A 


Environment, Health, and Natural 


Hearing Aid Dealers and Fitters 


22 




Resources 


Landscape Architects 


26 


16 


Public Education 


Landscape Contractors 


28 


17 


Revenue 


Marital and Family Therapy 


31 


18 


Secretary of State 


Medical Examiners 


32 


19A 


Transportation 


Midwifery Joint Committee 


33 


20 


Treasurer 


Mortuary Science 


34 


*21 


Occupational Licensing Boards 


Nursing 


36 


22 


Administrative Procedures 


Nursing Home Administrators 


37 


23 


Community Colleges 


Occupational Therapists 


38 


24 


Independent Agencies 


Opticians 


40 


25 


State Personnel 


Optometry 


42 


26 


Administrative Hearings 


Osteopathic Examination & Reg. (Repealed) 


44 






Pharmacy 


46 






Physical Therapy Examiners 


48 






Plumbing, Heating & Fire Sprinkler Contractors 


50 






Podiatry Examiners 


52 






Professional Counselors 


53 






Practicing Psychologists 


54 






Professional Engineers & Land Surveyors 


56 






Real Estate Appraisal Board 


57 






Real Estate Commission 


58 






Refrigeration Examiners 


60 






Sanitarian Examiners 


62 






Social Work Certification 


63 






Speech & Language Pathologists & Audiologists 


64 






Therapeutic Recreation Certification 


65 






Veterinary Medical Board 


66 



Note: Title 21 contains the chapters of the various occupational licensing boards. 



1692 



NORTH CAROLINA REGISTER 



January 17, 1995 



9:20 



CUMULATIVE INDEX 



CUMULATIVE INDEX 

(April 1994 - March 1995) 



Pages 



Issue 



1 - 75 1 

76 - 122 2 

123 - 226 3 

227 - 305 4 

306 - 348 5 

349 - 411 . . 6 

412 - 503 7 

504 - 587 8 

588 - 666 9 

667 - 779 10 

780 - 876 11 

877 - 956 12 

957 - 1062 . 13 

1063 - 1151 14 

1152 - 1241 15 

1242 - 1339 16 

1340 - 1392 17 

1393 - 1512 18 

1513 - 1602 19 

1603 - 1696 20 



April 

April 

May 

May 

June 

June 

July 

July 

August 

August 

September 

September 

October 

October 

November 

November 

December 

December 

January 

January 



Unless otherwise identified, page references in this Index are to proposed rules. 



ADMINISTRATION 

State Employees Combined Campaign, 878 

ADMINISTRATIVE HEARINGS 

Rules Division, 1663 

AGRICULTURE 

Plant Industry, 127, 1245 

COMMERCE 

Alcoholic Beverage Control Commission, 423 
Banking Commission, 884, 1515 
Community Assistance, 1394 
Energy Division, 4 

COMMUNITY COLLEGES 

Community Colleges, 1305, 1661 

CORRECTION 

Prisons, Division of, 1157 

CRIME CONTROL AND PUBLIC SAFETY 

State Highway Patrol, Division of, 243 



9:20 



NORTH CAROLINA REGISTER 



January 17, 1995 



1693 



CUMULATIVE INDEX 



CULTURAL RESOURCES 

Arts Council, 960 

ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 

Coastal Management, 443, 825, 1185, 1283, 1427, 1550 

DEM/ Air Quality, 80, 805 

Departmental Rules, 254 

Environmental Management, 81, 258, 352. 616, 959, 1261, 1348, 1405, 1639 

Health Services, 323, 370, 445, 834, 913. 1000, 1112, 1557 

Marine Fisheries Commission. 820, 989, 1109, 1244 

Mining Commission, 442 

NPDES Permit, 3, 232 

Parks and Recreation, 1194 

Radiation Protection Commission, 678 

Sedimentation Control Commission, 1648 

Soil and Water Conservation, 1371 

Solid Waste Management, 171, 364, 1287 

Water Resources, 165, 255 

Wildlife Resources Commission, 38, 42, 84, 358, 830, 910, 999, 1285, 1427, 1553, 1653 

Wildlife Resources Commission Proclamation, 125 

FINAL DECISION LETTERS 

Voting Rights Act, 2, 312, 506, 594, 958, 1243, 1340, 1393 

GENERAL STATUTES 

Chapter 150B, 780 

GOVERNOR/LT. GOVERNOR 

Executive Orders, 1. 123. 227, 306, 349, 412, 504, 588, 667, 877. 957, 1152, 1242, 1513 

HUMAN RESOURCES 

Child Day Care Commission, 10 

Child Development, 1531 

Children's Services, 136 

Day Care Rules, 148 

Departmental Rules, 668 

Facility Services, 4, 128, 423, 509, 668. 890, 1341, 1603 

Medical Assistance, 318. 440. 513, 597, 964, 1155. 1247. 1631 

Medical Care, 1161 

Mental Health, Developmental Disabilities and Substance Abuse Services, 13, 24, 36, 313, 430, 961, 

1063 
Social Services, 136, 595, 802. 1167. 1343 
Vocational Rehabilitation Services, 434 

INDEPENDENT AGENCIES 

State Health Plan Purchasing Alliance Board. 99, 1030 

INSURANCE 

Actuarial Services Division, 1072, 1257, 1635 

Agent Services Division, 1065 

Consumer Services Division, 1633 

Departmental Rules, 891, 1632 

Financial Evaluation Division, 892 

Life and Health Division, 525, 905, 1071, 1255, 1634 

Medical Database Commission, 605 



1694 NORTH CAROLINA REGISTER January 17, 1995 9:20 



CUMULATIVE INDEX 



Multiple Employer Welfare Arrangements, 76 
Property and Casualty Division, 892, 1634 
Special Services Division, 76 

JUSTICE 

Alarm Systems Licensing Board, 351, 614, 804, 1175 

Criminal Justice Education and Training Standards Commission, 149, 981 

Private Protective Services, 802, 1174, 1400 

Sheriffs' Education & Training Standards Commission, 670, 986, 1075 

State Bureau of Investigation, 234, 530 

LABOR 

Boiler and Pressure Vessel, 1076 

Mine and Quarry Division, 239 

OSHA, 77, 160, 675, 906, 1258, 1401, 1546 

Private Personnel Services, 1176 

Variance, 230 

LICENSING BOARDS 

Acupuncture Licensing Board, 44 

Auctioneers Licensing Board, 836 

Barber Examiners, 563 

Chiropractic Examiners, 376 

Cosmetic Art Examiners, 280, 1027 

Dietetics/Nutrition, 1115 

Electrical Contractors Examiners, 1199 

Electrolysis Examiners, 1204 

General Contractors, 1658 

Landscape Architects, Board of, 95 

Medical Examiners, 192, 565, 1119, 1206 

Mortuary Science, 720, 1 120 

Nursing, Board of, 45, 724, 1209 

Opticians, Board of, 845 

Optometry, Board of Examiners, 194, 1660 

Physical Therapy Examiners, 566 

Plumbing, Heating and Fire Sprinkler Contractors, Board of, 96, 725 

Practicing Psychologists, Board of, 97, 1571 

Professional Counselors, Board of Licensed, 50 

Professional Engineers and Land Surveyors, 728, 924 

Sanitarian Examiners, 730 

LIST OF RULES CODIFIED 

List of Rules Codified, 53, 196, 281, 378, 635, 742, 926, 1041, 1306, 1480, 1666 

PUBLIC EDUCATION 

Elementary and Secondary Education, 375, 540, 920, 1197, 1568 

SECRETARY OF STATE 

Land Records Management Division, 712 
Notary Public Division, 1112 
Securities Division, 476, 616, 709 

STATE PERSONNEL 

Office of State Personnel, 477, 847, 1214, 1574 



9:20 NORTH CAROLINA REGISTER January 17, 1995 1695 



CUMULATIVE INDEX 



TAX REVIEW BOARD 

Orders of Tax Review, 415 

TRANSPORTATION 

Administration, Director of, 1478 
Highways, Division of, 85, 718, 923, 1114, 1300 
Motor Vehicles, Division of, 89, 276, 542 
Secretary of Transportation, 1658 



1696 



NORTH CAROLINA REGISTER 



January 17, 1995 



9:20 



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